Bradley v. Spelas et al

Filing 33

ORDER: In accord with the accompanying Memorandum 32 ; 1. Dfts mton to dismiss, or in the alternative, for summary judgment 25 is GRANTED in part and DENIED in part;2. Dfts mtn is GRANTED as to Dfts Sgt. Heath, Lt. Lowry, and C.O. Heverly, and the y are dismissed from this action;3. Judgment will be entered in favor of Dfts Sgt. Heath, Lt. Lowry,and C.O. Heverly;4. Dfts mtn is FURTHER GRANTED as to all claims of verbal harassment against Dfts C.O. Spelas, C.O. Rains, C.O. Rogers, and C.O. Roth rock; as to the claims of placing tobacco chew in Pltfs meal tray against Dfts C.O. Spelas and C.O. Rains; and as to the claim of denial of access to the exercise yard and showers against Dft C.O. Rains;5. Pltfs Eighth Amendment claim against C.O. Sp elas, C.O. Rains, and C.O. Rogers for banging on the property room gate outside of Pltfs cell is DISMISSED pursuant to the screening provisions of the PLRA for failure to state a claim;6. Judgment will be entered in favor of Dfts C.O. Spelas, C.O. Ra ins,and C.O Rogers;7. Dfts mtn is DENIED as to the claim against C.O. Rothrock that he pushed Pltf down the stairs;8. IT IS FURTHER ORDERED THAT the remaining Defendant, C.O. Rothrock, in this action shall file an Answer to Pltfs Complaint within (21) days of the date of this Order;9. The Clerk of Court is DIRECTED to DEFER the entry of judgment until the conclusion of this case.Signed by Honorable Sylvia H. Rambo on 6/28/17. (ma)

UNITED STATES DISTRICT COURT
FOR THEMIDDLE DISTRICT OF PENNSYLVANIA

VERNON BRADLEY,
Plaintiff
vs.
JOSHUA SPELAS, et al.,
Defendants

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No. 1:16-CV-00962
(Judge Rambo)

ORDER
AND NOW, THIS 28th day of June, 2017, in consideration of Defendants’
motion to dismiss, or in the alternative, for summary judgment (Doc. No. 25), and
in accordance with the accompanying Memorandum, IT IS ORDERED THAT:
1. Defendants’ motion to dismiss, or in the alternative, for summary
judgment (Doc. No. 25) is GRANTED in part and DENIED in part;
2. Defendants’ motion is GRANTED as to Defendants Sgt. Heath, Lt.
Lowry, and C.O. Heverly, and they are dismissed from this action;
3. Judgment will be entered in favor of Defendants Sgt. Heath, Lt. Lowry,
and C.O. Heverly;
4. Defendants’ motion is FURTHER GRANTED as to all claims of verbal
harassment against Defendants C.O. Spelas, C.O. Rains, C.O. Rogers,
and C.O. Rothrock; as to the claims of placing tobacco chew in Plaintiff’s

meal tray against Defendants C.O. Spelas and C.O. Rains; and as to the
claim of denial of access to the exercise yard and showers against
Defendant C.O. Rains;
5. Plaintiff’s Eighth Amendment claim against C.O. Spelas, C.O. Rains, and
C.O. Rogers for banging on the property room gate outside of Plaintiff’s
cell is DISMISSED pursuant to the screening provisions of the PLRA
for failure to state a claim;
6. Judgment will be entered in favor of Defendants C.O. Spelas, C.O. Rains,
and C.O Rogers;
7. Defendants’ motion is DENIED as to the claim against C.O. Rothrock
that he pushed Plaintiff down the stairs;
8. IT IS FURTHER ORDERED THAT the remaining Defendant, C.O.
Rothrock, in this action shall file an Answer to Plaintiff’s Complaint
within twenty-one (21) days of the date of this Order;
9. The Clerk of Court is DIRECTED to DEFER the entry of judgment
until the conclusion of this case.
s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: June 28, 2017