Opinion
C.A. No.: N14C-06-083 FSS
11-18-2015
JOHN E. MILLER, Plaintiff, v. BRIAN REYNOLDS, BRUCE BURTON, PERRY PHELPS, Defendants.
cc: Prothonotary (Criminal) Roopa Sabesan, Esquire Jason W. Staib, Esquire John E. Miller, pro se, Plaintiff (via - First Class Mail)
FINAL ORDER
Upon Plaintiff's Motion for Reargument - DENIED.
1. On November 5, 2015, the court granted summary judgment to Defendants. On November 12, 2015, Plaintiff filed timely motion for reargument.
2. Plaintiff argues the court did not address two points and erred on the standard of review:
A. The effect DOC's aborting the disciplinary hearing had on Plaintiff's opportunity to be heard;
B. The effect DOC's confiscating Plaintiff's evidence, during a shakedown, had on his right to be heard, and;
C. Failure to view the evidence in the light most favorable to Plaintiff.
3. Plaintiff's motion concedes he had a hearing. The order granting summary judgment explains how Plaintiff's potential witnesses were unavailable or unavailing. For example, one witness was dead.
4. Assuming Plaintiff's evidence was spoiled by DOC, as Plaintiff alleges, Plaintiff did not establish that the missing evidence was potentially meaningful. Meanwhile, the court focused on Plaintiff's right to a fair hearing, not on what happened at another time and place. This is not a backdoor review of a prison search.
5. In granting summary judgment for Defendants, the court viewed the evidence in the light most favorable to Plaintiff. For example, the court expressly considered what Plaintiff's prospective witnesses might reasonably have been expected to offer, including the dead one.
For the foregoing reasons, Plaintiff's Motion for Reargument is DENIED.
IT IS SO ORDERED. Date: November 18, 2015
/s/ Fred S. Silverman
Judge cc: Prothonotary (Criminal)
Roopa Sabesan, Esquire
Jason W. Staib, Esquire
John E. Miller, pro se, Plaintiff (via - First Class Mail)