The opinion of the court was delivered by: Joyner, District Judge.
This is a prisoner civil rights case brought by Plaintiff
Aaron Wicks ("Plaintiff") against multiple Defendants, including
Deborah Sharpe ("Sharpe"), Sergeant Hutson ("Hutson"),
Lieutenant Holt ("Holt"), Lieutenant Waterford ("Waterford"),
Captain Mercer ("Mercer"), Major Bamberski ("Bamberski"), and
Warden Shields ("Shields") (collectively referred to as
"Defendants"),*fn1 who are all employees of or affiliated
with the State Correctional Institution in Somerset,
Pennsylvania ("S.C.I. Somerset") where Plaintiff was
incarcerated when the complained of conduct occurred. Presently
before the Court is the Motion of all the remaining defendants
for Summary Judgment pursuant to Fed.R.Civ.P. 56. For the
reasons that follow, we will grant the Defendants' Motion.
After Plaintiffs termination, he was only allowed access to
the legal clinic and law library on the days that his housing
unit was assigned to visit. Further, he could only send mail
regarding any inmate, free of charge, to Jules Epstein, the
Prison Master, and the Pennsylvania Prison Society.
Plaintiff also alleges that he was often not allowed to finish
meals at the dining hall, referred to as the "chow hall," and
that snide remarks were made to him while eating there.
Plaintiffs specific allegations with respect to each Defendant
are summarized below:
Plaintiff alleges that Sharpe, who is a social worker at the
HOC and who was in charge of the legal clinic, threatened
Plaintiff on three separate occasions while he was an employee
of the legal clinic. Plaintiff alleges that on two separate
occasions Sharpe told Plaintiff that if he did not make copies
of unspecified documents for her she was going to fire him.
Plaintiff also alleges that Sharpe told Plaintiff that if he did
not stop his letter writing campaign on behalf of other
prisoners, which was in violation of the HOC policies, she would
Plaintiff alleges that Hutson made snide remarks to him in the
chow hall and that she would make Plaintiff leave the chow hall
before he had finished his meals. Plaintiff further alleges that
Hutson would not allow Plaintiff access to the legal clinic
during the 3 p.m. to 11 p.m. shift.
C. Lieutenant Holt and Lieutenant Waterford
Plaintiff alleges that Holt and Waterford would not allow him
access to the legal clinic during the 3 p.m. to 11 p.m. shift,
threatened him not to report prisoner physical abuse, and placed
him on house arrest.
Plaintiff alleges that Mercer told him to stop sending letters
on behalf of other prisoners through the legal clinic mail and
told Plaintiff that he would only send mail free of charge from
Plaintiff to Jules Epstein, ...