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Nelson v. Mayview Mental Health State Hospital

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 15, 2009

PURNELL R. NELSON, PLAINTIFF
v.
MAYVIEW MENTAL HEALTH STATE HOSPITAL, ET AL., DEFENDANTS

The opinion of the court was delivered by: William W. Caldwell United States District Judge

MEMORANDUM

(Judge Caldwell)

Plaintiff, Purnell Nelson, an inmate at the Dauphin County Prison, Harrisburg, Pennsylvania, filed this pro se action seeking relief under 42 U.S.C. § 1983. Plaintiff's original complaint alleged that defendants, Mayview State Hospital and the Commonwealth of Pennsylvania, violated his Eighth and Fourteenth Amendment rights when Hospital staff created a hostile environment for him, sexually harassed him, and used excessive force against him when they forcibly medicated him against his will.

Upon an initial review of the Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B), we dismissed it because neither defendant was a "person" amenable to suit under section 1983, and because the Eleventh Amendment barred the claims against both defendants. However, we granted leave to file an amended complaint naming those individuals who were personally involved in the alleged constitutional deprivations. Nelson v. Mayview Mental Health State Hospital, 2009 WL 4046027 (M.D. Pa. Nov. 20, 2009).

On December 3, 2009, Nelson filed an Amended Complaint, which the Court reviews pursuant to 28 U.S.C. § 1915(e)(2)(B). Nelson adds Barack Obama, President of the United States, and Ed Rendell, Governor of Pennsylvania, as defendants. He also again names the Hospital as a defendant. However, he fails to allege any personal involvement by President Obama or Governor Rendell in the alleged constitutional violations.*fn1 The Amended Complaint will be dismissed, as Nelson has once again failed to allege personal involvement on the part of any defendant who might be liable for a civil-rights violation, and we have already determined that the Hospital cannot be sued.

We will issue an appropriate order.*fn2

ORDER

AND NOW, this 15th day of December, 2009, for the reasons set forth in the accompanying memorandum, it is ordered that:

1. Plaintiff's Amended Complaint (doc. 10), is dismissed pursuant to 28 U.S.C. § 1915 (e)(2)(B)(ii) for failure to state a claim for which relief may be granted against the named defendants.*fn3

2. The Clerk of Court shall close this file.

William W. Caldwell United States District Judge


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