United States District Court, E.D. Pennsylvania
MEMORANDUM RE: DEFENDANT WAGNER'S MOTION TO DISMISS
MICHAEL M. BAYLSON, District Judge.
Plaintiff, Hakeem Wilson, a prisoner in the Berks County Prison System, filed the present action, alleging deliberate indifference by Defendants, Dennis Shupp and George Wagner, in violation of his Eighth Amendment rights. For the following reasons, this Court will grant Wagner's Motion to Dismiss without prejudice and grants Plaintiff leave to amend his Complaint.
II. Procedural History
On May 23, 2011, Hakeem Wilson, pro se Plaintiff, filed a Complaint against Defendants, Dennis Shupp and Warden George Wagner. ECF 3.
On July 12, 2011, Defendant Shupp filed an Answer to the Complaint. ECF 10. On July 22, 2011, Defendant Wagner filed a Motion to Dismiss. ECF 22. Plaintiff filed a Response to Wagner's Motion to Dismiss on September 8, 2011, indicating that he had not received a copy of the Motion to Dismiss. ECF 13. On September 14, 2011, and in consideration of Plaintiff's assertion that he had not received a copy of the Motion to Dismiss, this Court granted Plaintiff 30 additional days to file a response. ECF 14.
On October 19, 2011, Plaintiff filed a Petition for Appointment of Counsel. On November 2, 2011, this Court transferred the action to the civil suspense file pending appointment of counsel (ECF 16) and referred the action to the Prisoner Civil Rights Panel in an attempt to locate counsel for Plaintiff (ECF 17).
On January 13, 2014, this Court appointed Plaintiff counsel and removed the action from civil suspense. ECF 24. On March 28, 2014, Plaintiff filed a Response in Opposition to Wagner's Motion to Dismiss. ECF 32.
III. Factual Background and Parties' Contentions
Plaintiff's Complaint alleges the following facts. On April 2, 2011, after an altercation among several inmates, Corrections Officer O'Brien issued a verbal order for everyone to lay down on the floor with their hands and legs crossed. ECF 3 at 4. Plaintiff was then handcuffed. Id . At that point, Defendant stomped, with all of his weight, on the side of Plaintiff's neck. Id . Defendant Wagner, as the Warden of the prison, continually allowed such behavior from the corrections officers even after being notified of such. Id.
Plaintiff seeks compensation from each Defendant for his emotional distress, humiliation, mental anguish, loss of enjoyment of life due to loss of sleep, and any future medical costs for his injured neck. Id. at 5. Plaintiff further requests a court order for the District Attorney to file criminal charge(s) against Defendant Shupp. Id.
We construe the present lawsuit as a § 1983 action for an alleged violation of Plaintiff's Eighth Amendment rights.
Defendant Wagner moved to dismiss Plaintiff's Complaint because it fails to plead allegations showing that Wagner was personally involved in or knowingly acquiesced to the alleged unconstitutional conduct. ECF 11 (Def.'s Mot. to Dismiss) at 5. Wagner also argues, in a footnote, that the Plaintiff also fails to meet his burden to show any violation by Wager in his official capacity, since Plaintiff's Complaint does not identify a challenged policy or demonstrate a causal link between any alleged policy and the injury suffered. Id. at 5 n.1.
In his Response, Plaintiff argues that his allegation that Wagner continuously allowed corrections officers to harm inmates satisfies his burden at the pleadings stage. ECF 32-1 (Pl.'s Mem. in Opp'n to Def.'s Mot. to Dismiss) at 4. Plaintiff argues that the Complaint provides Wagner with fair noticed of the claims against him and the allegations in support of those claims. Id. at 5. Specifically, Plaintiff argues that his Complaint alleges that Wagner knowingly acquiesced in corrections officers' assaults on inmates. Id. at 5-6. Further, Plaintiff argues that it is possible to infer an allegation that Wagner acted with deliberate indifference from the ...