Harvey v. Large et al

Filing 112

ORDER granting in part and denying in part 89 Motion for Summary Judgment ;denying 96 Motion to Compel; the Clerk is DIRECTED to set this matter for a trial in the Big Stone Gap division (Opinion and Order mailed to Pro Se Party);. Signed by Senior Judge Norman K. Moon on 3/16/2018. (tvt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION TERRENCE A. HARVEY, Plaintiff, v. T. LARGE, et al., Defendants. ) ) ) ) ) ) ) Case No. 7:15CV00401 By: Norman Moon United States District Judge ORDER In accordance with the memorandum opinion entered this day, it is hereby ORDERED as follows: 1) Defendants’ motion for summary judgment (Docket No. 89 ) is DENIED in part as to Harvey’s Eighth Amendment excessive force claim, Fourteenth Amendment due process claim, and state law tort claims. 2) Defendants’ motion for summary judgment (Docket No. 89 ) is GRANTED in part as to Harvey’s Eighth Amendment living conditions claim, and any claim against defendants in their official capacity for monetary damages. 3) Harvey’s motion to compel discovery (Docket No. 96) is DENIED as Defendants have produced all of their available video footage, and any factual issue related to the motion to compel is addressed by the court’s denial of summary judgment as to Harvey’s Eighth Amendment excessive force claim, Fourteenth Amendment due process claim, and state law tort claims. 4) The Clerk is DIRECTED to set this matter for trial in the Big Stone Gap division. It is so ORDERED. The Clerk of the Court is directed to send a certified copy of this Order and the accompanying Memorandum Opinion to all counsel of record and the pro se Plaintiff. 16th ENTER this ____ day of March, 2018. 2

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