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TYLER v. RAPONE

February 14, 1985

Clyde D. TYLER
v.
Thomas C. RAPONE



The opinion of the court was delivered by: BECHTLE

 BECHTLE, District Judge.

 Presently before the court is defendant's motion for summary judgment in an action brought by a prisoner under 42 U.S.C. § 1983. For the reasons stated herein, defendant's motion will be granted.

 I. FACTS

 Plaintiff was arrested in early 1982 and charged with rape, involuntary deviate sexual intercourse, indecent assault, terroristic threats, unlawful restraint, and possession of the instruments of crime. On February 23, 1982, he was committed to Delaware County Prison in Pennsylvania where the defendant was warden. Plaintiff failed to make bail of $75,000.00 and remained incarcerated pending trial. Plaintiff was held in maximum security status because his bail was in excess of $50,000.00, he had a record of violent crimes, and as an inmate at the state correctional institution at Graterford, he had previously stabbed two inmates.

 Plaintiff's maximum security status was the result of a determination by the county prison officials. Plaintiff was given no notice nor opportunity to be heard prior to the determination.

 On March 31, 1983, plaintiff was again convicted of rape, involuntary deviate sexual intercourse, and indecent assault. He was committed to the state correctional institution at Graterford.

 Plaintiff brought this action pro se under 42 U.S.C. § 1983 against the warden. The court construes his complaint as setting forth three theories of recovery: (1) incarceration in administrative segregation without giving him prior notice and an opportunity to be heard violates his due process interest of liberty; (2) his First Amendment right to free exercise of religion was violated because prison officials did not permit him to attend group worship services held for members of the general prison population; and (3) the prison's failure to provide him with prompt medical care for a toothache and a cut constituted a violation of his due process rights.

 II. DISCUSSION

 (A) The Administrative Segregation Issue

 (B) Free Exercise of Religion Claim

 Next, the court examines plaintiff's claim that defendant violated plaintiff's First Amendment right to practice his religion by not permitting plaintiff to attend religious ...


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