Bryant v. Raddad

Full title: EMMANUEL BRYANT, Plaintiff, v. RADDAD, et al., Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Aug 28, 2023

2:21-cv-01116-JDW (E.D. Pa. Aug. 28, 2023)

Opinion

2:21-cv-01116-JDW

08-28-2023

EMMANUEL BRYANT, Plaintiff, v. RADDAD, et al., Defendants.

JOSHUA D. WOLSON, J.

ORDER

JOSHUA D. WOLSON, J.

AND NOW, this 28th day of August, 2023, upon consideration of Plaintiff Emmanuel Bryant's Motion For Default Judgment (ECF No. 37), following a hearing with Mr. Bryant to determine damages, and for the reasons stated in the accompanying Memorandum, it is Ordered that the Motion is Granted in part and Denied in part as follows:

1. The Motion is Granted as to Mr. Bryant's First Amendment claims against Defendants C.O. Raddad, C.O. Kilson, C.O. Brew, and Sgt. Bishop;

2. The Motion is Granted as to Mr. Bryant's Eighth Amendment claims against Defendants C.O. Raddad, C.O. Handy, and Lt. Horsey;

3. The Motion is granted as to Mr. Bryant's Fourteenth Amendment claims as to Defendants C.O. Raddad, C.O. Kilson, C.O. Brew, and Sgt. Bishop;

4. The Motion is Granted as to Mr. Bryant's claim for assault and battery against Defendant C.O. Raddad.

5. The Motion is Denied as to all other claims and defendants.

It is FURTHER ORDERED that, pursuant to Federal Rule Of Civil Procedure 55(b)(2), Judgment is Entered in favor of Mr. Bryant as follows:

1. Against C.O. Raddad in the amount of $7,500;

2. Against Sgt. Bishop in the amount of $5,000;

3. Against C.O. Kilson in the amount of $2,500;

4. Against C.O. Brew in the amount of $2,500;

5. Against C.O. Handy in the amount of $1,000;

6. Against Lt. Horsey in the amount of $1,000.

It is FURTHER ORDERED that, on or before September 30, 2023, Mr. Bryant shall either voluntarily dismiss his claims against Defendants Commissioner Carney, Warden Farrell, and Warden Talmadge pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(A)(i) or show cause in why the case against those defendants should not be dismissed. Any response must take into account the analysis in the Memorandum that I have issued today.

It is FURTHER ORDERED that Mr. Bryant's claims against the John/Jane Doe Defendants, and Defendants Brown, Johnson, Miles, and Lewis, are Dismissed without prejudice for failure to prosecute.