Regassa v. Brininger et al

Filing 201

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that 179 remaining Defendants' motion for summaryjudgment is construed as seeking partial summary judgment and is partially granted; summary judgment is grante d in favor of Defendants Bubebendorf and Wise on the basis of law of personal involvement; Defendant Kulp's request for entry of summary judgment is denied; (see order for further/complete details) Signed by Honorable Matthew W. Brann on 9/27/18. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ADMASSU REGASSA,
Plaintiff
v.
C. BRININGER, et al.,
Defendants

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NO. 4:14-CV-1122
(Judge Brann)

ORDER
AND NOW, this 27th day of September 2018, for the reasons set forth in
the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1.

Remaining Defendants’ motion for summary judgment (Doc. 179) is
construed as seeking partial summary judgment and is PARTIALLY
GRANTED.

2.

Summary judgment is GRANTED in favor of Defendants
Bubebendorf and Wise on the basis of lack of personal involvement.

3.

Defendant Kulp’s request for entry of summary judgment is
DENIED.

4.

Summary judgment is GRANTED with respect to the FTCA claims
of assault and negligence pertaining to the placement of Plaintiff in
ambulatory restraints.

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5.

The Bivens claim of excessive force against Brinninger, Kranzel, and
Kulp and the related FTCA claim of assault pertaining to the alleged
attack of Plaintiff on July 8, 2013 will proceed against Defendants
Brininger, Kranzel, Kulp, and United States Federal Bureau of
Prisons.
BY THE COURT:

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

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