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ROMPILLA v. NERO

March 30, 1978

RONALD ROMPILLA I
v.
WARDEN FLORMONT NERO, DEPUTY WARDEN FRED WILLIAMS and CHIEF SECURITY OFFICER ROBERT MANLIN



The opinion of the court was delivered by: BECHTLE

 BECHTLE, J.

 Plaintiff Ronald Rompilla I ("Rompilla") brought this action pursuant to 42 U.S.C. § 1983 against defendants Flormont Nero ("Nero"), Warden of Lehigh County Prison; Fred Williams ("Williams"), Deputy Warden of Lehigh County Prison; and Robert Manlin ("Manlin"), Chief Security Officer of Lehigh County Prison. The primary allegation of Rompilla's complaint is that the defendants incarcerated him in punitive segregation under conditions which violated his rights under the First, Sixth, Eighth and Fourteenth Amendments to the United States Constitution. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343. *fn1"

 In support of his Fed.R.Civ.P. 56 motion, Rompilla relies upon the exhibits accompanying his motion, defendants' answers to the amended complaint, depositions, answers to interrogatories and admissions on file. This supporting material, as correlated in Rompilla's motion, discloses the following undisputed facts:

 1. At all times relevant to this suit, defendant Nero was Warden and defendant Williams was Deputy Warden of Lehigh County Prison. As such, they were responsible for supervising junior personnel and inmates and administering prison operations. See Defendants' Answer numbers 4 and 5 to the Amended Complaint; Defendants Nero's and Williams' Answer number 2 to Plaintiff's First Set of Interrogatories; Defendants' Admission numbers 1-2; Ex. A, B and C.

 2. At all times relevant to this suit, defendant Manlin was Chief Security Officer at Lehigh County Prison and was responsible for supervising junior correctional personnel and disciplining inmates. See Defendants' Answer number 6 to the Amended Complaint; Defendants' Admission number 3; Ex. C and D.

 3. At all times relevant to this suit, plaintiff was a prison inmate at Lehigh County Prison. See Defendants' Answer number 3 to the Amended Complaint; Defendants' Admission number 7; Ex. C, L and M.

 4. On September 19, 1975, plaintiff escaped from Lehigh County Prison after obtaining a key to the outside from a tilesetter working in the Work Release Quarters. See Defendants' Answer number 8 to the Amended Complaint; Ex. A, B C and E.

 5. On September 22, 1975, at approximately 1:30 a.m., plaintiff was apprehended by officers of the Allentown Police Department and returned to Lehigh County Prison. See Defendants' Answer number 9 to the Amended Complaint; Defendants Nero's and Williams' Answer numbers 18-20 to Plaintiff's First Set of Interrogatories; Ex.C.

 6. On September 22, 1975, at approximately 2:05 a.m., plaintiff was placed in punitive segregation. See Defendants' Answer number 9 to the Amended Complaint; Defendants Nero's and Williams' Answer number 27 to Plaintiff's First Set of Interrogatories; Defendants' Admission numbers 9-10; Ex. A, F, G, H, I, J and K.

 7. Defendants were the officials who "decided to place plaintiff in punitive isolation." See Defendants' Answer number 10 to the Amended Complaint; Defendants' Admission numbers 19-24; Ex.A.

 8. The administrative procedure used to place plaintiff in punitive segregation was the filing of a disciplinary report. See Defendants Nero's and Williams' Answer number 27 to Plaintiff's First Set of Interrogatories; Ex. A.

 9. Prior to being segregated, plaintiff did not receive written notice of the charges or accusations against him which were considered in the determination to place him in punitive segregation. See Defendants Nero's and Williams' Answer number 28 to Plaintiff's ...


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