Dante Burton v. C.O. Crawford, et al.

CourtDistrict Court, M.D. Pennsylvania
DecidedDecember 17, 2025
Docket4:24-cv-00761
StatusUnknown

This text of Dante Burton v. C.O. Crawford, et al. (Dante Burton v. C.O. Crawford, et al.) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dante Burton v. C.O. Crawford, et al., (M.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DANTE BURTON, No. 4:24-CV-00761

Plaintiff, (Chief Judge Brann)

v.

C.O. CRAWFORD, et al.,

Defendants.

MEMORANDUM OPINION

DECEMBER 17, 2025 Plaintiff Dante Burton filed the instant pro se Section 19831 action in 2024, alleging excessive force by multiple prison officials at SCI Dallas. His case concerns a use-of-force incident that occurred on April 20, 2022, from which he suffered significant physical injuries. Presently pending is Defendants’ motion for summary judgment under Federal Rule of Civil Procedure 56. Genuine disputes of material facts remain in this case, so the Court will deny Defendants’ Rule 56 motion.

1 42 U.S.C. § 1983. Section 1983 creates a private cause of action to redress constitutional wrongs committed by state officials. The statute is not a source of substantive rights; it serves as a mechanism for vindicating rights otherwise protected by federal law. See Gonzaga Univ. I. FACTUAL BACKGROUND2 At the time of the April 20, 2022 use-of-force incident underlying this

lawsuit, Burton was incarcerated at SCI Dallas.3 Just prior to the incident, Burton was being seen by Unit Manager Grohowski for an informal resolution hearing.4 Corrections officers Crawford and Cebrick were present and acting as witnesses at this hearing.5

According to Burton, Crawford became “disrespectful” during the hearing and started using profanity toward him.6 Burton attests that he asked Crawford to stop, and Crawford responded by inviting him to “get into a physical altercation,”

i.e., to “fight.”7 Burton “accepted [Crawford’s] offer,” and the two began trading punches.8 Cebrick and Grohowski intervened and “took [Burton] to the ground.”9

2 Local Rule of Court 56.1 requires that a motion for summary judgment be supported “by a separate, short, and concise statement of the material facts, in numbered paragraphs, as to which the moving party contends there is no genuine issue to be tried.” LOCAL RULE OF COURT 56.1. A party opposing a motion for summary judgment must file a separate statement of material facts responding to the numbered paragraphs set forth in the moving party’s statement and identifying genuine issues to be tried. Id. Defendants filed their statement of material facts, (Doc. 62), and Burton properly responded to this statement, (Doc. 69). To the extent that any facts are undisputed, the Court will cite directly to the parties’ Rule 56.1 statements. 3 Doc. 62 ¶ 1. 4 Id. ¶ 2. 5 Id. 6 Doc. 68-1 ¶ 2. 7 Id. ¶ 4. 8 Id. ¶¶ 5-6. 9 Id. ¶ 6; Doc. 62 ¶ 4 (second). Defendants’ statement of material facts contains two paragraphs that are numbered “4.” See Doc. 62 at p. 2. According to Defendants, while on the ground, Burton was “instructed to give up his hands” so that he could be handcuffed, but Burton refused.10 Cebrick

then administered “a 1 second burst of OC spray” to gain compliance.11 Corrections officers Zaborney and Konchnik “arrived later” and “assisted in securing” Burton.12 Lieutenant Gardzalla then arrived and Burton was “escorted to medical.”13

Burton describes the incident much differently. He attests that, once he was taken to the ground, Crawford sat on his legs and Grohowski put his knee into his neck and held Burton’s left arm against his body.14 During this time, Burton avers

that he was no longer resisting.15 According to Burton, his right arm was pinned underneath him and he was “never ordered” to give up his hands.16 Crawford and Cebrick then began to punch Burton in his “head, face[,] and body,” “mercilessly beating on” him for “no reason at all.”17 Burton attests that he began to “go in and

out of consciousness” due to the blows from Crawford and Cebrick.18 Crawford then had Cebrick spray Burton with OC spray “for no reason.”19 When Gardzalla

10 Doc. 62 ¶ 5. 11 Id. ¶ 6. 12 Id. ¶ 7. 13 Id. ¶ 8. 14 Doc. 68-1 ¶ 7. 15 Id. 16 Id. ¶ 8. 17 Id. ¶¶ 9-10. 18 Id. ¶ 11. 19 Id. ¶ 12. arrived and saw that Burton had punched Crawford (causing Crawford to bleed), Gardzalla instructed Crawford to “get his licks in.”20 Crawford then twisted

Burton’s left arm in a way that caused extreme pain and broke his elbow.21 Burton recalls that he was then handcuffed and walked off the unit by Zaborney and Konchnik.22 According to Burton, Gardzalla instructed Zaborney and Konchnik to “get [him] down.”23 Burton attests that Zaborney and Konchnik

pushed him forward onto his knees with his head to the ground, hyperextending his arms all the way behind him, causing extreme pain, and severely injuring his right shoulder.24 He avers that he was walked in this manner to the medical department,

and when he arrived he informed medical staff that his arm was broken.25 In Burton’s medical records, the SCI Dallas medical provider who assessed him in the holding cell after the incident noted that Burton was crying, his “left

shoulder” was “up higher than his right,” he refused to raise his left arm over his head or behind his back during a range-of-motion examination, and that he informed the provider that his “left arm is broken.”26 Burton was given a prescription for ibuprofen and X-rays were ordered.27

20 Id. ¶¶ 13-14. 21 Id. ¶ 15. 22 Id. ¶ 16. 23 Id. ¶ 17. 24 Id. ¶ 18. 25 Id. ¶¶ 19-20. 26 Doc. 68-2 at 12. 27 Id. at 13. Burton was then immediately transferred to SCI Mahanoy.28 He was not taken to a hospital at that time.29 At SCI Mahanoy, Burton avers that he “informed

medical” that SCI Dallas officers had broken his arm, punched him in the face and head, and injured his shoulder.30 Burton eventually received X-rays several weeks later, and a May 9, 2022 progress note from SCI Mahanoy indicates that one X-ray showed a fracture of the coronoid process of his left ulna.31 Burton was given a

sling for his arm and a consultation with orthopedics was ordered.32 On October 11, 2022, Burton received an MRI of his right shoulder at Holy Spirit Hospital, which demonstrated a “complete tear of the ligament of the shoulder,” as well as a

deformity of the proximal humerus “due to a previous healed fracture.”33 Burton initially filed the instant civil rights lawsuit in the Court of Common Pleas of Luzerne County, Pennsylvania.34 Defendants removed the case to this Court.35 Defendants now move for summary judgment on Burton’s Eighth

Amendment excessive force claim and seek dismissal of his state-law tort claims based on state statutory sovereign immunity.36 That Rule 56 motion is fully briefed and ripe for disposition.

28 Doc. 68-1 ¶ 23; Doc. 62 ¶ 19. 29 Doc. 62 ¶ 19. 30 Doc. 68-2 ¶ 26 (verified amended complaint). 31 Doc. 68-2 at 16. 32 Id. at 17. 33 Id. at 18-19. 34 See Doc. 1-2. 35 See generally Doc. 1. 36 See generally Doc. 60. II. STANDARD OF REVIEW “One of the principal purposes of the summary judgment rule is to isolate

and dispose of factually unsupported claims or defenses.”37 Summary judgment is appropriate where “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”38 Material

facts are those “that could alter the outcome” of the litigation, and “disputes are ‘genuine’ if evidence exists from which a rational person could conclude that the position of the person with the burden of proof on the disputed issue is correct.”39 At the Rule 56 stage, the Court’s function is not to “weigh the evidence and

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Dante Burton v. C.O. Crawford, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/dante-burton-v-co-crawford-et-al-pamd-2025.