Harvey v. Large et al

Filing 79

ORDER granting in part and denying in part 66 Motion for Summary Judgment; granting 68 Motion for Summary Judgment; defendants Franklin, Collins, Gibson, Addington, Woliver, and Miller are directed to FILE a motion for summary judgment addressing, inter alia, the merits of Harvey's excessive force and living conditions claims as they relate to the use of five-point restraints. Signed by Judge Norman K. Moon on 1/31/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
TERRENCE A. HARVEY,
Plaintiff,
v.
T.D. LARGE, et al.,
Defendants.

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Civil Action No. 7:15cv00401
ORDER
By: Norman K. Moon
United States District Judge

In accordance with the memorandum opinion entered this day, it is hereby ORDERED
that defendants Mullins and Kelly’s motion for summary judgment (Docket No. 68) is
GRANTED, defendants Large, Sykes, Collins, Franklin, Miller, Woliver, Gibson, Addington,
Still, McCowan, and Dockery’s motion for summary judgment (Docket No. 66) is DENIED in
part as to Harvey’s claims concerning the use of five-point restraints against defendants
Franklin, Collins, Gibson, Addington, Woliver, and Miller, and GRANTED in part as to all the
remaining claims and against all the remaining defendants. The Clerk shall TERMINATE
Large, Sykes, Still, McCowan, Dockery, Mullins, and Kelly as defendants to this action.
Pursuant to Standing Order 2013-6, defendants Franklin, Collins, Gibson, Addington, Woliver,
and Miller are directed to FILE a motion for summary judgment addressing, inter alia, the
merits of Harvey’s excessive force and living conditions claims as they relate to the use of fivepoint restraints.
The Clerk is directed to send copies of this order and the accompanying memorandum
opinion to the parties.
31st
ENTER: This ____ day of January, 2017.