United States District Court, M.D. Pennsylvania
D. MARIANI, UNITED STATES DISTRICT JUDGE
Sharif Williamson ("Plaintiff'), an inmate currently
confined at the Rockview State Correctional Institution,
Bellefonte, Pennsylvania ("SCI-Rockview"),
commenced this action pursuant to 42 U.S.C. § 1983.
(Doc. 1). The matter is proceeding via an amended
complaint. (Doc. 28). Named as Defendants are the following
employees of SCI-Rockview: Mark Garman, Superintendent; Eric
Tice, Deputy Superintendent for Facilities Management; Nathan
Lehman, Lieutenant; Jeff Rackovan, Corrections
Superintendent's Assistant and Facility Grievance
Coordinator; and Officers Clark, Leidhecker, Myers, Phillips,
Tubbs, Weaver, and Intallura, (collectively,
"Corrections Defendants"). (Id. at pp.
pending before the Court is Defendants' motion to dismiss
pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc.
29). Despite being directed to file a brief in opposition to
Defendants' motion to dismiss (Doc. 27, ¶ 4),
Plaintiff failed to respond to the motion and the time for
responding has now passed. In the absence of any timely
response by Plaintiff, the motion is deemed ripe for
resolution, For the reasons set forth below, the Court will
grant the motion to dismiss, and grant Plaintiff a final
opportunity to amend his complaint.
Standard of Review
complaint must be dismissed under Fed, R, Civ, P. 12(b)(6),
if it does not allege "enough facts to state a claim to
relief that is plausible on its face." Bell Atl.
Corp, v, Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167
L.Ed.2d 929 (2007). The plaintiff must aver "factual
content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged." Ashcroft v. Iqbal, 556 U.S. 662, 129
S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009).
a complaint 'does not need detailed factual allegations,
... a formulaic recitation of the elements of a cause of
action will not do.'" DelRio-Mocci v. Connolly
Prop, Inc., 672 F.3d 241, 245 (3d Cir. 2012) (citing
Twombly, 550 U.S. at 555). In other words,
"factual allegations must be enough to raise a right to
relief above the speculative level." Covington v.
Int'l Ass'n of Approved Basketball Officials,
710 F.3d 114, 118 (3d Cir. 2013) (internal citations and
quotation marks omitted). A court "take[s] as true all
the factual allegations in the Complaint and the reasonable
inferences that can be drawn from those facts, but...
disregard[s] legal conclusions and threadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements." Ethypharm S.A. France v,
Abbott Laboratories, 707 F.3d 223, 231, n.14 (3d
Cir. 2013) (internal citations and quotation marks omitted).
and Iqbal require [a district court] to take the
following three steps to determine the sufficiency of a
complaint: First, the court must take note of the elements a
plaintiff must plead to state a claim. Second, the court
should identify allegations that, because they are no more
than conclusions, are not entitled to the assumption of
truth. Finally, where there are well-pleaded factual
allegations, a court should assume their veracity and then
determine whether they plausibly give rise to an entitlement
for relief. Connelly v. Steel Valley Sch, Dist, 706
F.3d 209, 212 (3d Cir. 2013).
the well-pleaded facts do not permit the court to infer more
than the mere possibility of misconduct, the complaint has
alleged - but it has not show[n] - that the pleader is
entitled to relief." Iqbal, 556 U.S. at 679
(internal citations and quotation marks omitted). This
"plausibility" determination will be a
"context-specific task that requires the reviewing court
to draw on its judicial experience and common sense."
even "if a complaint is subject to Rule 12(b)(6)
dismissal, a district court must permit a curative amendment
unless such an amendment would be inequitable or
futile." Phillips v. Cnty. of Allegheny, 515
F.3d 224, 245 (3d Cir. 2008).
[E]ven when plaintiff does not seek leave to amend his
complaint after a defendant moves to dismiss it, unless the
district court finds that amendment would be inequitable or
futile, the court must inform the plaintiff that he or she
has leave to amend the complaint within a set period of time.
Allegations of the Amended Complaint
alleges that, on June 8, 2015, he was transferred to the
restricted housing unit ("RHU") at SCI-Rockview and
subjected to a strip search. (Doc, 28, p. 4). Upon arrival to
the RHU, Plaintiff alleges that Defendant Lehman directed
seven officers to place him on the floor, (Id.). He
claims that the officers cut off his clothes, placed their
weight on his body, and spread his buttocks apart,
(Id.). Plaintiff assert that the officers used
unnecessary force, derived sexual pleasure from the strip
search, the search was conducted in an unprofessional and
illegal manner, and belittled him. (Id. at p. 5).