Smalls v. Sassaman et al

Filing 41

ORDER (Memorandum 40 filed previously as separate docket entry) - 1. GRANTING defts' partial MTD 20 as follows - claims against defts' Brown, Weaver, Reed, Yost, Lyons & Spaulding DISMISSED for lack of personal involvement, claim again st Martin for retaliation DISMISSED, Clrk of Ct to TERMINATE defts Brown, Weaver, Reed, Yost, Lyons, Martin & Spaulding as parties, & 1st Amendment retaliation claim DISMISSED; 2. defts' MSJ 20 is GRANTED in part & DENIED in part as follows - Denied based on failure to exhaust claim that deft Sassaman touched pltf on his genitalia, granted w/ re: excessive force claim against deft Sassaman - entry of jdgmt deferred pending further order of court; 3. Deft Sassaman shall file answer or appr opriate pretrial motion to remaining claim of sexual assault as set forth in complaint in acc w/ FRCP.; 4. Any appeal from this order DEEMED frivolous & not in good faith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/4/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BASHEEM SMALLS,
Plaintiff
v.
C.O. SASSAMAN, et al.,
Defendants

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CIVIL NO. 1:17-CV-2237
(Chief Judge Conner)

ORDER
AND NOW, this 4th day of September, 2019, upon consideration defendants’
partial motion (Doc. 20) to dismiss and for summary judgment, and in accordance
with the accompanying memorandum, it is hereby ORDERED that:
1.

The motion (Doc. 20) to dismiss is GRANTED as follows:
a.

b.
2.

The claims against defendants Brown, Weaver, Reed, Yost,
Lyons, and Spaulding are DISMISSED for lack of personal
involvement. The claim against Martin for retaliation is likewise
dismissed. The Clerk of Court is directed to TERMINATE
defendants Brown, Weaver, Reed, Yost, Lyons, Martin and
Spaulding as parties to this action.
The First Amendment retaliation claim is DISMISSED.

The motion (Doc. 20) for summary judgment is granted in part and
denied in part as follows:
a.

The motion is DENIED based on failure to exhaust the claim
that defendant Sassaman touched Smalls on his genitalia.

b.

The motion is GRANTED with respect to the excessive force
claim against defendant Sassaman. Entry of judgment is
deferred pending further order of court.

3.

Defendant Sassaman shall FILE an answer or appropriate pretrial
motion to the remaining claim of sexual assault as set forth in the
complaint in accordance with the Federal Rules of Civil Procedure. 1

4.

Any appeal from this order is DEEMED frivolous and not in good faith.
See 28 U.S.C. § 1915(a)(3).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

1

Defendants did not seek summary judgment on Smalls’ sexual assault claim.
See Doc. 23 at 4.