SIMMONS v. GIMORE et al
MEMORANDUM OPINION re 112 MOTION for Summary Judgment filed by CHRIOVITTI, HENNESSEY, ALBONDE, CORE, LT. KENNEDY, GILLESPIE, M. ZAKEN, BROOKS, IMHOLF, YOUNKIN, CARTER, R. GILMORE. The motion is DENIED as to Plainti ff's First Amendment retaliation claim against Defendants Carter and Imhoff based on Plaintiff being placed in a "hard cell" with continuous illumination. In all other respects the motion is GRANTED, and all other claims are dismissed. The Clerk of the Court is directed to terminate all remaining Defendants except Carter and Imhoff. Signed by Magistrate Judge Richard A. Lanzillo on 3/31/2021. (dm)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ROBERT GILMORE, M.ZAKEN,
LEGGET, SMITH, SHRADER, LT.
YOUNKIN, CHIOVITTI, D. BENNER,
HIMES, DORINA VARNER, J. DUPONT, )
T. SHAWLEY, CORE, BROOKS,
CARTER, GILLESPIE, HENNESSEY,
UNITED STATES MAGISTRATE JUDGE
MEMORANDUM OPINION ON
DEFENDANTS' MOTION FOR
Plaintiff August Simmons (Simmons)1 , an inmate currently incarcerated at the State
Correctional Institution at Greene (SCI-Greene), commenced this action against several staff
members at that facility, alleging violation of his constitutional and statutory rights. The Court
previously dismissed several of his claims. See ECF No. 45. The remaining Defendants have moved
for summary judgment on the remaining claims. ECF No.112. For the reasons that follow, the
Defendants' motion will be GRANTED in part and DENIED in part.
In his initial Complaint, Simmons referred to himself "Augustus Simmons Enoch," and in other filings as the
''Reverend August Simmons Enoch." See, e.g., ECF Nos. 5, 50, 68. The DOC's inmate locator lists only "Augustus
Simmons," and includes no results for "Augustus Simmons Enoch." See http://inmatelocator.cor.pa.gov (last consulted
on January 14, 2021). For consistency, the Court will refer to plaintiff as "Simmons."
All parties have consented to the jurisdiction of a United States Magistrate Judge to conduct all proceedings in this
case. See ECF Nos. 23, 24, 31, and 40.
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