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Landau v. Lamas

United States District Court, M.D. Pennsylvania

August 1, 2019

BRIAN LANDAU, Plaintiff,
v.
MARIROSA LAMAS, et al., Defendants.

          ORDER

          Robert D. Mariani, United States District Judge.

         AND NOW, THIS 1st DAY OF AUGUST, 2019, upon cte novo review of Magistrate Judge Carlson's Report and Recommendations ("R&Rs") (Doc. 203, Doc. 204, Doc. 205), for the reasons set forth in the R&Rs and this Court's accompanying Memorandum Opinions, IT IS HEREBY ORDERED THAT:

         1. With respect to the R&R (Doc. 205) regarding Defendants' first motion for summary judgment (Doc. 170) on the grounds of failure to exhaust administrative remedies:

a. DOC Defendants'[1] Objections (Doc. 213) are OVERRULED for the reasons set forth in this Court's accompanying Memorandum Opinion.
b. The R&R (Doc. 205) is ADOPTED.
c. Defendants' first motion for summary judgment (Doc. 170) is DENIED.

         2. With respect to the R&R (Doc. 203) regarding Defendants' second motion for summary judgment (Doc. 174) on the grounds of the affirmative defenses of consent and qualified immunity:

a. DOC Defendants' Objections (Doc. 207) are OVERRULED for the reasons set forth in this Court's accompanying Memorandum Opinion.
b. The R&R (Doc. 203) is ADOPTED.
c. Defendants' second motion for summary judgment (Doc. 174) is DENIED.

         3. With respect to the R&R (Doc. 204) regarding DOC Defendants' third motion for summary judgment (Doc. 178):

         a. Plaintiff's Objections (Doc. 219) are OVERRULED for the reasons set forth in this Court's accompanying Memorandum Opinion.

         b. DOC Defendants' Objections (Doc. 211) are SUSTAINED IN PART AND OVERRULED IN PART as fully set forth in this Court's accompanying Memorandum Opinion.

         c. The R&R (Doc. 204) is ADOPTED IN PART AND NOT ADOPTED IN PART; specifically, DOC Defendants' third motion for summary judgment (Doc. 178) is GRAN ...


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