SIMMONS v. GILMORE et al, No. 2:2017cv00996 - Document 131 (W.D. Pa. 2021)

Court Description: 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)
Download PDF
SIMMONS v. GILMORE et al Doc. 131 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA AUGUSTUS SIMMONS, ) ) Plaintiff ) ) vs. ) ) ROBERT GILMORE, M.ZAKEN, ) LEGGET, SMITH, SHRADER, LT. ) KENNEDY, S.LONGSTRETC, ) YOUNKIN, CHIOVITTI, D. BENNER, ) HIMES, DORINA VARNER, J. DUPONT, ) T. SHAWLEY, CORE, BROOKS, ) CARTER, GILLESPIE, HENNESSEY, ) ALBONDE, IMHOLF, ) ) Defendants ) ) I. Case No.2:17-cv-00996 RICHARD A.LANZILLO UNITED STATES MAGISTRATE JUDGE MEMORANDUM OPINION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ECF NO.112 Introduction 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.2 1 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 (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. 2 1