the court finds that the explicit and mandatory language present in the regulations governing state correctional institutions is not present in regulations governing county correctional institutions. Since the mandatory language is absent, the court holds that the regulations pertaining to county prisons do not create a liberty interest in prisoners incarcerated in county prisons. As a result, county prisoners have no state-created liberty interest in remaining in the general population and no expectancy that they will be accorded notice and an opportunity to be heard when their administrative status is determined. Therefore, the court holds that plaintiff had no due process rights to notice or a hearing when the defendant determined plaintiff's status. Accord Doss v. Rapone, 601 F. Supp. 935 (E.D.Pa.1985) (Luongo, J.); Garfield v. Rapone, No. 82-2345 (E.D.Pa., May 25, 1984) (Broderick, J.); Green v. Rapone, No. 83-2932 (E.D.Pa. February 16, 1984) (O'Neill, J.). Defendant's motion for summary judgment will be granted with respect to plaintiff's administrative segregation claim.
(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 services with the general prison population.
Prison authorities must provide prisoner with the reasonable opportunity for the exercise of his religious tenets in a form that is substantially warranted by the requirements of prison safety and order. Sweet v. South Carolina Dept. of Corrections, 529 F.2d 854, 863 (4th Cir.1975). A prisoner's right to attend worship may be restricted, however, if the restriction is reasonably justified. St. Claire v. Cuyler, 634 F.2d 109 (3d Cir.1980).
Plaintiff was given an opportunity to attend a Christian Bible Study, and religious counseling was made available to him. Plaintiff's right to attend religious services, however, was restricted by prison officials because plaintiff had a history of violent criminal acts, had stabbed two inmates at Graterford prison while serving a sentence for a prior conviction, and had participated in at least one fight at Delaware County Prison. Therefore, in light of plaintiff's record of violent acts, the court holds that the restraint on plaintiff's right to attend worship services with the general prison population was reasonably justified in order to maintain prison security. Accordingly, defendant's motion for summary judgment will be granted with respect to plaintiff's exercise of religion claim.
(C) The Medical Care Claim
In his final claim, plaintiff asserts that his right to due process was violated by the failure of defendant to provide him with prompt medical care. Specifically, the plaintiff alleges that: (1) the prison did not provide him with dental care until two weeks after he complained of a toothache; and (2) treatment of a cut, which plaintiff obtained in a fight with another inmate, was not prompt.
In order to recover the plaintiff must allege deliberate indifference to his serious medical needs. Estelle v. Gamble, 429 U.S. 97, 105, 97 S. Ct. 285, 291, 50 L. Ed. 2d 251 (1976); Inmates of Allegheny County Jail, 612 F.2d 754, 762 (3d Cir. 1979).
Plaintiff concedes that the care provided to him was adequate. Plaintiff does not allege in his pleadings or in his deposition that his condition was serious and, in fact, plaintiff indicated in his deposition that his condition was never serious. Also, plaintiff does not allege that defendant was deliberately indifferent to plaintiff's medical needs. The plaintiff merely claims that prison officials were slow to provide medical and dental care while the plaintiff suffered from minor medical conditions. Accordingly, the court holds that the defendant was not deliberately indifferent to any serious medical needs of the plaintiff.
After consideration of all the pleadings and the deposition of plaintiff, the court holds that no genuine issue of material fact exists and that defendant is entitled to judgment as a matter of law.
An appropriate Order will be entered.