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Randolph v. Wetzel

United States District Court, Third Circuit

December 19, 2013

SAMUEL B. RANDOLPH, IV, Plaintiff,
v.
JOHN WETZEL, et al., Defendants.

ORDER

EDUARDO C. ROBRENO, District Judge.

AND NOW, this 18th day of December, 2013, for the reasons stated below it is hereby ORDERED as follows:

(1) Commonwealth Defendants' Motion for Summary Judgment (ECF No. 78) is GRANTED in part and DENIED in part as set forth below;

(a) It is GRANTED for all claims against all Defendants in their official capacity;

(b) It is GRANTED as to claims under the Eighth Amendment for failure to intervene as to Plaintiff's medical care; (c) It is GRANTED as to claims under the Eighth Amendment for denial of food and water;

(d) It is GRANTED as to claims under the Eighth Amendment for refusing to transport Plaintiff on a gurney;

(e) It is GRANTED as to claims under the Eighth Amendment for denial of visitation privileges;

(f) It is GRANTED as to claims under the Eighth Amendment for the fluorescent lighting;

(g) It is GRANTED as to claims under the Americans with Disabilities Act;

(h) It is GRANTED as to claims under the Fourteenth Amendment for denial of due process;

(i) It is GRANTED as to claims under the Fourteenth Amendment for denial of access to the courts;

(j) It is DENIED as to claims under the Eighth Amendment for excessive use of force against Defendants Speelman, Lacotta, and Rambler;

(k) It is DENIED as to claims under the First Amendment for retaliation against Defendants Speelman and Lacotta; and

(l) It is GRANTED as to claims under the First Amendment for retaliation against all remaining Commonwealth Defendants;

(2) Medical Defendants' Motion for Summary Judgment (ECF NO. 81)is GRANTED in part and DENIED in part as set forth below;

(a) It is GRANTED as to claims under the Americans with Disabilities Act;

(b) It is GRANTED as to claims under the Eighth Amendment for failure to provide treatment and for fluorescent;

(c) It is GRANTED as to claims under the Eighth Amendment for Cruel and Unusual Punishment for denial of food and water; (d) It is GRANTED as to claims under the Fourteenth Amendment for denial of due process;

(e) It is DENIED without prejudice as to the claims for medical malpractice;

(3) Plaintiff's claims for injunctive relief are DISMISSED; and

(4) Plaintiff's Motion for Partial Summary Judgment (ECF No. 113) is DENIED.

IT IS SO ORDERED.


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