Filed: Apr. 30, 2015
Latest Update: Apr. 30, 2015
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 30TH DAY OF APRIL, 2015, upon consideration of the Motion for Summary Judgment (Doc. 21) by Defendants, Commonwealth of Pennsylvania Department of Corrections, SCI Waymart, Captain Patrick Herbert, and Superintendent Joseph Nish, and all accompanying briefs, IT IS HEREBY ORDERED THAT Defendants' Motion for Summary Judgment (Doc. 21) is GRANTED IN PART AND DENIED IN PART; to wit: 1. The motion is GRANTED IN PART AND DENIED IN P
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 30TH DAY OF APRIL, 2015, upon consideration of the Motion for Summary Judgment (Doc. 21) by Defendants, Commonwealth of Pennsylvania Department of Corrections, SCI Waymart, Captain Patrick Herbert, and Superintendent Joseph Nish, and all accompanying briefs, IT IS HEREBY ORDERED THAT Defendants' Motion for Summary Judgment (Doc. 21) is GRANTED IN PART AND DENIED IN PART; to wit: 1. The motion is GRANTED IN PART AND DENIED IN PA..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, THIS 30TH DAY OF APRIL, 2015, upon consideration of the Motion for Summary Judgment (Doc. 21) by Defendants, Commonwealth of Pennsylvania Department of Corrections, SCI Waymart, Captain Patrick Herbert, and Superintendent Joseph Nish, and all accompanying briefs, IT IS HEREBY ORDERED THAT Defendants' Motion for Summary Judgment (Doc. 21) is GRANTED IN PART AND DENIED IN PART; to wit:
1. The motion is GRANTED IN PART AND DENIED IN PART as to Count I (Violation of Section 504 of the Rehabilitation Act of 1974) of Plaintiffs Complaint:
a. The motion is GRANTED with respect to Defendants Herbert and Nish and judgement is entered IN FAVOR OF these Defendants and AGAINST Plaintiff on this Count.
b. The motion is DENIED with respect to Defendants Commonwealth of Pennsylvania Department of Corrections and SCI Waymart.
2. The motion is DENIED as to Count II (Violations of FMLA) of Plaintiffs Complaint. However, summary judgment as to liability only shall be entered IN FAVOR OF the plaintiff and AGAINST the defendants on Plaintiffs FMLA interference claim. The remedies to which Plaintiff may be entitled present issues for trial.
3. The motion is DENIED as to Count III (Violations of FMLA — Retaliation) of Plaintiff's Complaint.
4. The motion is GRANTED as to Count IV (Violation of PHRA) and judgment is entered IN FAVOR OF the Defendants and AGAINST Plaintiff on this Count.
5. The motion is GRANTED with respect to Plaintiffs claim of Constructive Discharge and judgment is entered IN FAVOR OF the Defendants and AGAINST Plaintiff on this claim.
6. Defendants' motion for qualified immunity is DENIED.
7. A telephone scheduling conference will be held on Wednesday, May 6, 2015, at 2:15 p.m. Counsel for Plaintiff is responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted.
