Opinion
Civil Action 08-3010
10-19-2023
PETER BISTRIAN Plaintiff, v. WARDEN TROY LEVI, FDC PHILADELPHIA, et al., Defendants.
ORDER
CYNTHIA M. RUFE, J
AND NOW, this 19th day of October 2023, upon consideration of Defendant James Gibbs's Motion for Summary Judgment [Doc. No. 552] and the counseled response and reply thereto, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendant's Motion for Summary Judgment is GRANTED in part and DENIED in part as follows:
1. Summary Judgment is DENIED as to the remaining claim (failure to protect) against Defendant James Gibbs.
2. Summary Judgment is DENIED as to Plaintiff's ability to pursue damages for back pain and mental pain and suffering.
3. Summary Judgment is GRANTED as to Plaintiff's ability to pursue damages for hearing loss.
It is further ORDERED that, upon consideration of Plaintiff's Motion to Rest Upon His Prior Submissions Concerning Summary Judgment or for Alternative Relief [Doc. No. 561] and the response and reply thereto, the Motion is GRANTED.
It is so ORDERED.