Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

17-2564 - LEWICKI v. ZATECKY et al


Download Files

Metadata

Document in Context
17-2564 - LEWICKI v. ZATECKY et al
October 24, 2017
PDF | More
ENTRY Directing Further Proceedings - The defendants shall have through November 29, 2017, in which to either 1) file a dispositive motion in support of the affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit, 2) notify the Court that this affirmative defense is not amenable to resolution through a dispositive motion, or 3) notify the Court that the defendants will not pursue the affirmative defense of failure to exhaust. If a dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond. The defendants shall then have fourteen (14) days in which to reply. Except for activities associated with the development and resolution of the defendants' affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this action, or any other matter directed by the Court, any other activities or deadlines in the action are stayed. See entry for details. Signed by Judge Tanya Walton Pratt on 10/24/2017. (MEJ)
April 11, 2018
PDF | More
ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - This matter is before the Court on the Defendants' Motion for Summary Judgment. Dkt. 21. Plaintiff David Lewicki ("Lewicki"), is a prisoner incarcerated at Pendleton Correctional Facility ("PCF"). In this civil rights action, Lewicki alleges that the Defendants denied him proper heating and cooling in his cell at PCF between September 2, 2016 and June 10, 2017, exposing him to extremely high and low temperatures and causing him significant physical and mental injuries. The Court screened the Complaint and permitted Lewicki to proceed with Eighth Amendment claims against all four Defendants in their official and individual capacities. The Defendants' Motion for Summary Judgment, Dkt. 21, is GRANTED as to all claims concerning conditions of extreme heat in Lewicki's cell and all claims relating to cold conditions before February 8, 2017. These claims are dismissed without prejudice. The Defendants' Motion for Summary Judgment, Dkt. 21, is DENIED as to all claims concerning conditions of extreme cold in Lewicki's cell from February 8, 2017 forward. the Court gives the Defendants NOTICE of its intent to grant summary judgment in Lewicki's favor on this issue. The Defendants shall have through Wednesday, April 25, 2018, within which to respond to the Court's proposal and either (a) show cause why summary judgment should not be entered in Lewicki's favor on this issue, or (b) withdraw their affirmative defense of exhaustion on this issue. (See Entry.) Signed by Judge Tanya Walton Pratt on 4/11/2018. (NAD)