upon an inmate's First Amendment rights is valid if it is "reasonably related to legitimate penological interests"). A pat search of an inmate who has concluded duty in the kitchen is obviously a prudent step in the direction of prison safety. Accordingly, we must award summary judgment to Officer Blum as to the First Amendment claim.
2. Fourth Amendment Claim
Mr. Hill alleges that Officer Blum violated his Fourth Amendment right against unreasonable searches. In considering whether a search of a prisoner is unreasonable, courts are to "'consider the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted.'" Grummett v. Rushen, 779 F.2d 491, 495 (9th Cir. 1985)(quoting Bell v. Wolfish, 441 U.S. 520, 559, 60 L. Ed. 2d 447, 99 S. Ct. 1861 (1979)). In the instant case, the pat search occurred as Mr. Hill left the kitchen, and lasted approximately two seconds. Moreover, it is undisputed that such searches were conducted routinely, for security reasons. Finally, as we concluded in the previous section, the search was conducted in accordance with the pertinent regulation. Accordingly, we must award summary judgment to Officer Blum as to Mr. Hill's Fourth Amendment claim.
3. Fifth and Fourteenth Amendment Claims
Mr. Hill next argues that Officer Blum violated his Fifth Amendment rights.
A state actor violates an individual's due process rights only if the officer's conduct "shocks the conscience." Friedman v. Young, 702 F. Supp. 433, 436 (S.D. N.Y. 1988). In Friedman, the plaintiff alleged that the defendant prison guard fondled his genitals and anus during a routine pat search. The plaintiff interpreted the defendant's action as a sexual advance. The court held that the alleged fondling of an inmate during a pat down search was "too insubstantial to support the burden of a claim for a constitutional tort." Id. In the present case, Mr. Hill makes substantially the same allegation as did the plaintiff in Friedman. Thus, we conclude, as would the Friedman court, that Mr. Hill's Fifth Amendment-based constitutional claim must fail.
4. The Eighth Amendment Claim
Finally, Mr. Hill asserts that the alleged conduct amounted to a violation of his rights under the Eighth Amendment, which prohibits cruel and unusual punishment. To establish a claim under the Eighth Amendment, the prisoner must advance facts showing that the state actions result in the "wanton and unnecessary infliction of pain, or are grossly disproportionate to the severity of the crime warranting punishment." Payton v. Vaughn, 798 F. Supp. 258, 261 (E.D. Pa. 1992)(citing Rhodes v. Chapman, 452 U.S. 337, 347, 69 L. Ed. 2d 59, 101 S. Ct. 2392 (1981)). In light of this standard, we conclude that Mr. Hill's Eighth Amendment claim must also fail. Mr. Hill concedes that the pat search lasted only two seconds and caused only minor pain, and has failed to set forth facts suggesting that Officer Blum conducted the search in an abusive fashion or with unnecessary force. As a result, we award summary judgment to Officer Blum with respect to the Eighth Amendment claim.
5. The Retaliation Claim
Mr. Hill alleges that he was removed from his position in the kitchen in retaliation for his filing of a grievance with the prison administration at Frackville. Although there is no right to a job or a particular position in a prison, prison officials cannot punish or retaliate against a prisoner who exercises his First Amendment rights by filing an administrative grievance or a civil action. Williams v. Meese, 926 F.2d 994, 998 (10th Cir. 1991). Moreover, a defendant cannot be liable under § 1983 unless there is some showing that he was "either directly involved in, or had knowledge of and acquiesced in," the alleged violation. Hodgin v. Roth, 536 F. Supp. 454 (E.D. Pa. 1982). In the present case, the evidence shows that Mr. Hill was removed from his position in the kitchen after a support team hearing. Mr. Hill concedes that Officer Blum was not a member of the team, depo. at 7, and has otherwise failed to produce any evidence to demonstrate that Officer Blum decided to remove him from his position. Therefore, we are compelled to grant Officer Blum's motion for summary judgment with respect to the retaliation claim.
For the reasons stated above, we will grant Officer Blum's motion for summary judgment, while denying Mr. Hill's motion for summary judgment.
An appropriate order follows.
AND NOW, this day of February, 1996, upon consideration of Defendant Blum's Motion for Summary Judgment and Plaintiff Hill's Motion for Summary Judgment and responses thereto, it is hereby ORDERED that Defendant's Motion is GRANTED, and Plaintiff's Motion is DENIED.
BY THE COURT:
J. Curtis Joyner, J.