to prepare the report because he believed that Ratchford had violated prison regulations, and not out of any intent to retaliate against Ratchford for his legal assistance to other inmates. Id. 1-3. Finally, although Ratchford alleges that Mazurkiewicz ordered the lockup on the evening of October 6, 1976, Mazurkiewicz' affidavit explicitly refutes this allegation: "The defendant, Mazurkiewicz, did not order the plaintiff confined to his own cell pending disposition of the hearing." Id. 3. Rather, according to the affidavit, Lieutenant Shilling, together with the shift commander, determined that Ratchford should be placed in lockup pending the hearing on the misconduct report. Id. As I noted earlier, Ratchford has submitted no affidavits or other material in opposition to the Mazurkiewicz affidavit.
In short, as the record now stands, I see no basis whatever for imposing liability on Mazurkiewicz, whether under section 1983 or directly under the fourteenth amendment, for any alleged violation of the right of access to the courts. Accordingly, I will enter summary judgment in favor of Mazurkiewicz on those claims.
EQUAL PROTECTION OF THE LAWS
Ratchford asserts that Lieutenant Shilling's presence during the conference between Phillips and the visiting attorney was a denial of equal protection. Complaint p. 4. Although I am hard pressed to discern even a colorable claim under the equal protection clause in Ratchford's account of this incident, I note once again that any effort to impose liability on Mazurkiewicz for such a violation cannot succeed. As I pointed out earlier, Ratchford does not allege that Mazurkiewicz even knew Shilling would be present during the conference, much less that he ordered Shilling to attend. Under the circumstances, even if Shilling's attendance somehow worked a denial of equal protection, Ratchford has no cause of action against Mazurkiewicz for that injury. I will therefore enter summary judgment for Mazurkiewicz on this claim.
PROCEDURAL DUE PROCESS
Ratchford also asserts that he was deprived of liberty without due process of law when he was placed in lockup to await a hearing on the misconduct report filed by Lieutenant Shilling. As I understand Ratchford's argument, he contends that under the circumstances of this case, due process required a hearing on the misconduct report before he was placed in lockup. I need not decide whether the lockup in this case amounted to a deprivation of "liberty" within the meaning of the due process clause. See also Saunders v. Packel, 436 F. Supp. 618, 623 (E.D. Pa. 1977). Mazurkiewicz' affidavit stating that he did not order Ratchford's lockup stands unrebutted, and the complaint contains no other allegations bearing on Mazurkiewicz' knowledge of, or participation in, the decision to place Ratchford in lockup. Under the circumstances, I see no basis for imposing liability on Mazurkiewicz, whether under section 1983 or directly under the fourteenth amendment, and I will therefore enter summary judgment in favor of Mazurkiewicz on this claim.
FREE EXERCISE OF RELIGION
Finally, Ratchford asserts that his free exercise rights were unlawfully infringed when he was prevented from attending religious services while in lockup on the morning of October 7, 1976. See generally Comment, The Religious Rights of the Incarcerated, 125 U. Pa. L. Rev. 812 (1977). Once again, however, the record establishes that Mazurkiewicz did not order the lockup, and the complaint alleges no other act or omission on his part that might support a finding of liability for any infringement of Ratchford's first amendment rights. Under the circumstances, then, I will enter summary judgment for Mazurkiewicz on this claim.
In summary, the factual record rebuts all the allegations of culpable involvement by Mazurkiewicz in the events described in the complaint, and Mazurkiewicz is therefore entitled to summary judgment.
This 23rd day of May, 1978, it is
ORDERED that the Motion of defendant, Joseph Mazurkiewicz, for Summary Judgment is GRANTED.