Collins v. Bledsoe et al

Filing 186

ORDER:1. The report 180 of Mue Mehalchick is ADOPTED.2. Dfts mtn 140 is GRANTED in part and DENIED in part as follows:a. GRANTED with respect to all claims against dft Warden B. A. Bledsoe;b. GRANTED with respect to Collins claim for excessive fo rce arising from events on 5/4/11;c. GRANTED with respect to Collins claim for denial of medical care; andd. The mtn (Doc. 140) is otherwise DENIED.3. Plaintiffs motion 151 for partial summary judgment is DENIED.4. This matter shall proceed on the following claims:a. Pltfs claim for excessive force against dfts Lieutenant J. Fleming, Correctional Officer K. Gemberling, and Correctional Officer S. Prutzman arising from events on 5/3/11; andb. Pltfs claim for failure to intervene against dft Ass ociate Warden D. Hudson arising from events on 5/3/11.5. Entry of judgment in accordance with paragraph 2 above is deferred pending trial on the remaining claims and defenses sub judice.6. A separate pretrial scheduling order shall issue. Signed by Chief Judge Christopher C. Conner on 9/25/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LARRY JOE COLLINS,
Plaintiff
v.
WARDEN B. A. BLEDSOE, et al.,
Defendants

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 3:12-CV-2244
(Chief Judge Conner)

ORDER
AND NOW, this 25th day of September, 2017, upon consideration of the
report (Doc. 180) of Magistrate Judge Karoline Mehalchick, recommending that the
court grant in part and deny in part the summary judgment motion (Doc. 140) filed
by the collective defendants1 and deny the partial summary judgment motion (Doc.
151) filed by pro se plaintiff Larry Joe Collins (“Collins”), wherein Judge Mehalchick
opines: first, that Collins’ claims against defendant Bledsoe must be dismissed for
lack of personal involvement; second, that genuine disputes of material fact remain
as to Collins’ claims against defendants Fleming, Gemberling, and Prutzman for
excessive force arising from separate incidents on May 3, 2011 and May 4, 2011,
but that the claim arising from the May 4, 2011 incident is barred by the favorable
termination rule of Heck v. Humphrey, 512 U.S. 477 (1994), as expanded to include

1

Defendants sub judice are Warden B.A. Bledsoe; Associate Warden D.
Hudson; Lieutenant J. Fleming; Lieutenant R. Johnson; Correctional Officer S.
Prutzman; Correctional Officer K. Gemberling; Correctional Officer R. Casilla;
Correctional Officer C. Lytle; Correctional Officer G. Gaston; Correctional Officer
S. Hicks; Clinical Director Kevin Pigos; Physician Assistant Gregory George, and
EMT-P Bryan Walls.

prison disciplinary proceedings in Edwards v. Balisok, 520 U.S. 641 (1997); third,
that genuine disputes of material fact also remain with respect to Collins’ claim
that defendant Hudson failed to intervene in the known use of excessive force on
May 3, 2011; fourth, that no genuine disputes of material fact remain as to Collins’
claims for denial of medical care during the May 3 and May 4, 2011 incidents and
that Collins failed to adduce evidence supporting his claim that defendants were
deliberately indifferent to his medical needs; and fifth, that genuine disputes of fact
preclude a qualified immunity determination at this juncture, (Doc. 180 at 8-20), and
the court noting that Collins filed objections (Docs. 181-82) to the report, see FED. R.
CIV. P. 72(b)(2), and defendants filed a response (Doc. 185) thereto, and, following a
de novo review of the contested portions of the report, see Behar v. Pa. Dep’t of
Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing 28 U.S.C. § 636(b)(1)(C);
Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989)), and applying a clear error
standard of review to the uncontested portions, see Cruz v. Chater, 990 F. Supp.
375, 376-78 (M.D. Pa. 1999), the court finding Judge Mehalchick’s analysis to be
thorough, well-reasoned, and fully supported by the record, and finding Collins’
objections (Docs. 181-82) to be without merit and squarely addressed by the report,
it is hereby ORDERED that:
1.

The report (Doc. 180) of Magistrate Judge Mehalchick is ADOPTED.

2.

Defendants’ motion (Doc. 140) is GRANTED in part and DENIED in
part as follows:

2

a.

The motion (Doc. 140) is GRANTED with respect to all claims
against defendant Warden B. A. Bledsoe;

b.

The motion (Doc. 140) is GRANTED with respect to Collins’
claim for excessive force arising from events on May 4, 2011;

c.

The motion (Doc. 140) is GRANTED with respect to Collins’
claim for denial of medical care; and

d.

The motion (Doc. 140) is otherwise DENIED.

3.

Plaintiffs’ motion (Doc. 151) for partial summary judgment is DENIED.

4.

This matter shall proceed on the following claims:
a.

Plaintiffs’ claim for excessive force against defendants
Lieutenant J. Fleming, Correctional Officer K. Gemberling, and
Correctional Officer S. Prutzman arising from events on May 3,
2011; and

b.

Plaintiffs’ claim for failure to intervene against defendant
Associate Warden D. Hudson arising from events on May 3,
2011.

5.

Entry of judgment in accordance with paragraph 2 above is deferred
pending trial on the remaining claims and defenses sub judice.

6.

A separate pretrial scheduling order shall issue.

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