Percy Pew v. Jones et al

Filing 201

ORDER (memorandum filed previously as separate docket entry), ORDER REFERRING CASE to Mediation - IT IS HEREBY ORDERED that 168 Defendants' motion for summary judgment is granted in part and denied in part; {197] Plaintiff's request for in camera review is denied; this case is referred to the Court's Prisoner Litigation Settlement Program; Joseph Anthony Barrett appointed as mediator. (See order for complete details.) Signed by Chief Judge Matthew W. Brann on 12/15/2021. (lg)

Case 3:15-cv-01611-MWB-LT Document 201 Filed 12/15/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ALFONSO PERCY PEW,

No. 3:15-CV-01611

Plaintiff,

(Chief Judge Brann)

v.
COL. E.A. JONES, et al.,
Defendants.
ORDER
DECEMBER 15, 2021
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:
1.

Defendants’ motion for summary judgment (Doc. 168) is GRANTED
IN PART AND DENIED IN PART.

2.

Defendants are granted summary judgment as to (1) Plaintiff’s claims
against Defendants in their official capacities; (2) Plaintiff’s Eighth
Amendment claim based on alleged threats and verbal harassment; (3)
Plaintiff’s Eighth Amendment claim; and (4) Plaintiff’s Fourteenth
Amendment claim.

3.

Summary judgment is denied as to Plaintiff’s Eighth Amendment
claim based on the alleged withholding of meals and Plaintiff’s
retaliation claim.

Case 3:15-cv-01611-MWB-LT Document 201 Filed 12/15/21 Page 2 of 3

4.

Plaintiff’s request for in camera review of certain documents (Doc.
197) is DENIED.

5.

This case is REFERRED to the Court’s Prisoner Litigation
Settlement Program.

6.

Joseph Barrett, Esq., the ADR Coordinator for the Middle District of
Pennsylvania, is APPOINTED to serve as mediator.

7.

All settlement discussions are confidential and may not be utilized by
any party if settlement is not reached.

8.

In order to reduce cost, time, expense, and inconvenience, and to
suitably address institutional security concerns, counsel for the
Defendants and the mediator will coordinate with officials for the
Pennsylvania Department of Corrections to schedule video-conference
mediation sessions with Plaintiff at mutually convenient times, and in
a manner that comports with the needs and concerns of prison
officials.

9.

The parties shall complete mediation within sixty (60) days of the date
of this Order.

10.

The parties and the mediator shall promptly notify the Court in
writing if this case is resolved through mediation.

Case 3:15-cv-01611-MWB-LT Document 201 Filed 12/15/21 Page 3 of 3

11.

If this case is not resolved through mediation, the Court will schedule
an evidentiary hearing on the issue of administrative exhaustion at
which the Court will act as the finder of fact. See Small v. Camden
Cty., 728 F.3d 265, 270-71 (3d Cir. 2013).

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge