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JACKSON v. WERNER

June 4, 1975

Tyrone Kenneth JACKSON, P-0844.
v.
Stewart WERNER, Commissioner, Bureau of Corrections, and James Howard, Superintendent, State Correctional Institution at Pittsburgh, Pennsylvania


Gourley, Senior District Judge.


The opinion of the court was delivered by: GOURLEY

 In ruling on motions for summary judgment, the law requires that the district court make only the determination as to whether there exists substantial and genuine issues of fact. Summary judgment is a method of testing whether there is any real basis for relief. Swettlen v. Wagoner Gas & Oil, Inc., 369 F. Supp. 893 (W.D.Pa., 1974). The Court has always abided by the general principle whereby it holds to be true each allegation set forth in petitioner's complaint. Moreover, the Court is quite aware of the general principle that factual inferences should not be drawn or credibility issues resolved in favor of the movant for summary judgment. Levin v. Marder, 343 F. Supp. 1050 (W.D.Pa., 1973).

 Nevertheless, it is the considered judgment of the Court that the instant motion for summary judgment should be granted. As it appears from the pleadings, plaintiff has failed to establish how the prison regulation which requires strip searches of the prisoners after specified activities is of such constitutional infirmity to justify the granting of relief. It is settled law that some deprivations and inconveniences are a necessary and expected result of being an inmate of a penal institution which must provide for the custody, discipline, and rehabilitation of those who have violated the law. The task of determining the rights and deprivations of state prisoners falls principally upon the prison authorities whose judgment in the exercise of this important responsibility the Federal courts will not ordinarily question. Gray v. Creamer, 465 F.2d 179 (3d Cir. 1972). Whether the deprivation is one which entails violation of the prisoner or whether it requires the minor inconvenience of a strip search, it does not rise to the level of cruel and unusual punishment. Both restrictions are designed for the protection of the prisoners and the prison authorities. A wide latitude in anticipating the probable consequences of allowing certain conduct or practices in a prison environment is essential to the proper discharge of the prison administrator's duty. Procunier v. Martinez, 416 U.S. 396, 94 S. Ct. 1800, 40 L. Ed. 2d 224 (1974); Gittlemacker v. Prasse, 428 F.2d 1 (3d Cir. 1970).

 Petitioner also alleges that defendant violated his right to due process under the law by failing to adhere to the minimum requirements required by law when administering disciplinary proceedings. The record in this case speaks for itself. Nowhere within the record can it be determined that defendant failed to adhere to those minimum requirements of procedural due process as dictated by Wolff v. McDonnell, 418 U.S. 539, 94 S. Ct. 2963, 41 L. Ed. 2d 935 (1974). On the contrary, the record reveals that petitioner was afforded the opportunity to present his side of the controversy as well as have the benefit of a hearing.

 In view of the foregoing, it is the considered judgment of the Court that defendants' motion for summary judgment be granted.

 An appropriate Order is entered.

19750604

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