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Jones v. Fisher

United States District Court, M.D. Pennsylvania

August 28, 2014

SHARIF JONES, Plaintiff
v.
SUPERINTENDENT FISHER, et al., Defendants.

MEMORANDUM

WILLIAM J. NEALON, District Judge.

I. BACKGROUND

Plaintiff, an inmate formerly confined in the Smithfield State Correctional Institution, ("SCI-Smithfield"), Huntingdon, Pennsylvania[1], filed this civil rights action pursuant to 42 U.S.C. ยง 1983. (Doc. 1, complaint). The named Defendants are Dr. Long, Dr. Dolphin, and the following SCI-Smithfield employees: Superintendent Fisher, Healthcare Administrator Dreibelbis, Food Supervisor Roher, and Lieutenant Lear. Id.

Plaintiff alleges that "during the month of the Muslim fast known as Ramadhan, Mr. Roher failed to provide fasting inmates with required amount of calories thus subjecting [Plaintiff] to inadequate diet and weight loss." Id.

He further claims that "on 7-2-11 Lt. Lear placed [him] in a camera cell where [he] could be observed by both sexes using the bathroom and washing up", which Plaintiff believes was a "tactic to deprive [him] of sleep and to punish [him]." Id.

He states that "on several occasions Quentin Dolphin failed to give [him] a blanket and mattress and forced [him] to sleep on a metal frame as a means of punishment and to deter [him] from seeking psychiatric help." Id.

With respect to Defendant Long, Plaintiff states that "after conducting a blood test, Ronald Long discovered that my kidneys were failing and in a state of ketosis and he failed to give me medical treatment to let me die." Id . He further claims that "Dr. Ronald Long diagnosed me with a hernia, sent me to a specialist who recommended surgery", and then "canceled my surgery because he claimed I was making his job more difficult. Id.

He states that Defendant, Healthcare Administrator, William Dreibelbis "handles all medical grievances" and "by denying [Plaintiff's] grievances and request for medical treatment he subjected [Plaintiff] to cruel and unusual punishment." Id.

Finally, with respect to Defendant Superintendent John Fisher, it is alleged that he "is responsible for all grievance appeals in the institution" and "this gives him knowledge of [Plaintiff's] medical problems, inadequate healthcare, psychiatric care, [and] calories." Id . Plaintiff believes that Superintendent Fisher's "failure to correct these problems while he has the knowledge and power means that he violated [Plaintiff's] rights under the 8th and 14th Amendments." Id.

On October 23, 2012, Plaintiff filed the instant action in which he claims that Defendants violated his Eighth Amendment and Fourteenth Amendment rights. For relief, Plaintiff seeks compensatory and punitive damages, as well as "to order the defendants to perform corrective surgery on [his] hernia" and an order "to remove all cameras from the cells on K-Unit", as well as to "ensure that all inmates in Psych cells receive blankets, mattresses." Id.

Also on October 23, 2012, the Court issued its Standing Practice Order, informing Jones of his responsibilities in this litigation, specifically his responsibility to reply to defense motions, and warned him of the consequences of his failure to comply with briefing schedules on motions, stating:

If the party opposing the motion does not file his or her brief and any evidentiary material within the 14-day time frame, Local Rule 7.6 provides that he or she shall be deemed not to oppose the moving party's motion. The motion may therefore be granted if: (1) the court finds it meritorious; or (2) the opposing party fails to comply with Local Rule 7.6 despite being ordered to do so by the court.

(Doc. 4 at 3).

By Memorandum and Order dated September 20, 2013, Defendant Long's motion to dismiss, (Doc. 15), and Defendant Dolphin's motion for summary judgment, ...


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