Johnson v. Beard et al
| Timothy R. Johnson |
| Jeffery Beard, C. Garman, Raymond Lawler, M. Yost, Hearing Officer, John Dow and J.B. Whitesel |
| 3:2009cv00886 |
| May 11, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Huntingdon |
| Richard P. Conaboy |
| JV |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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| Document Text |
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Filing
216
MEMORANDUM (Order to follow as separate docket entry)In light of the facts that cell maintenance was performed in response to Manchas requests, the temporary length of his stay in Cell 2047, the fact that there is no indication that Manchas suffered any injury as a result of any condition in that cell, and viewing the facts in a light most favorable to the Plaintiff, this Court agrees that a constitutional violation has not been clearly established. Accordingly, since a reasonable officer would not have understood that a constitutional violation was occurring, the Remaining Defendants request for qualified immunity with respect to the surviving conditions of confinement claims is also meritorious. An appropriate order will enter. signed by Honorable Richard P. Conaboy on 9/25/14. (cc)
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Filing
200
MEMORANDUM (Order to follow as separate docket entry) However, the Court will grant Manchas incorporated request to voluntarily dismiss his claims against two of the five Remaining Defendants, Garman and Glorioso, as well as his conditions of confine ment claims with the exception of two allegations, namely, that Manchas was exposed to unconstitutional powerhouse emissions (Doc. 46, p. 7.) and second, that there were leaks in the ceiling and floors of his cell which caused mold (Doc. 46, p. 5-6.) and went uncorrected. An appropriate Order will enter. (See Memorandum)Signed by Honorable Richard P. Conaboy on 11/26/13. (cc)
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