United States District Court, W.D. Pennsylvania
MEMORANDUM OPINION AND ORDER 
CYNTHIA REED EDDY, UNITED STATES MAGISTRATE JUDGE.
pending before the Court for disposition is the Motion to
Dismiss (ECF No. 124) Plaintiff's Amended Complaint filed
by Defendant officials and correction officers at the
Allegheny County Jail (“ACJ”). Plaintiff has
filed a Response in opposition (ECF No. 129). For the reasons
that follow, the motion will be granted in part and denied in
Antron Talley (“Plaintiff” or
“Talley”) is a pro se inmate who has
been granted leave to proceed in forma pauperis.
Although currently housed at the SCI Forest, the alleged
incidents giving rise to this lawsuit, occurred when Talley
was previously housed at ACJ.Defendant movants herein are ACJ
Warden Orlando Harper, then-Deputy Warden Emerick, now-deputy
Warden Wainwright, Correctional Officers Rubble, Raible,
Arlotta, Mazzocca, Brojovich, Zoller, Butler, and the
Correction's Emergency Response Team (“CERT
Team”) (collectively, “County
claims in the Amended Complaint relate to an approximate
eight-month period from December 19, 2013, through August
Amended Complaint Talley alleges he was assaulted without
justification and injured after an altercation with a
corrections officer Arlottta on December 19, 2013. (ECF No.
112, para. 20). The alleged injuries from that altercation
included fractured left thumb, fractured jaw that also caused
temporomandibular joint syndrome (“TMJ”), an
injured right knee, along with mental and emotional injuries.
(ECF No. 112 at para. 20). Defendant Arlotta does not move to
dismiss the claims of excessive force arising out of the
December 19, 2013 incident. (ECF No. 124 at 2).
that altercation, Talley was transferred to the Disciplinary
Housing Unit (DHU). He then was “refused meals”
and thus pretended to be suicidal so he could be transferred
to the Mental Health Unit (“MHU”), also known as
pod 5C, where inmates with mental problems are housed. (ECF
No. 112, para. 21). While there, Talley alleges that
Defendant Corrections Officer Brosovich refused to provide
him showers and fed him bag meals, which caused Talley to
lose a “tremendous amount of weight that was not
healthy to lose, and developed sores in his crotch area due
to not receiving a shower.” (ECF No. 112 at para. 21).
Mr. Talley remained on this pod until January 28, 2014, when
he was transferred back to the DHU. (ECF No. 112, para. 21).
returned to pod 8E on January 28, 2014, had a hearing in
front of the program review committee and was found guilty of
assaulting a corrections officer. (ECF No. 112, para. 23).
Defendant Warden Harper and Deputy Warden Emerick conducted
this hearing to determine whether Talley should continue to
be held in the DHU. Talley makes general allegations that he
was denied proper procedural due process by Harper and
Emerick and that he was placed in administrative custody
without cause. (ECF No. 112 at para. 23). He remains in
administrative custody to this day. (ECF No. 112 at para.
the time that he was in the DHU and the MHU, he was
dissatisfied with his food, the conditions of his
confinement, particularly denial of showers, his medical care
and he claims he was sprayed with pepper spray.
further alleges that normally inmates are permitted to shower
three days per week, but that Officer Zoller, who controlled
showers, would not permit Talley to shower; Talley did not
shower from January 28, 2014 to February 27, 2014 (in
addition to lack of showers while in the other unit). (ECF
No. 112 at para. 24). He further alleges that Zoller should
be held accountable for the conditions of his cell,
specifically, that it had mold, was cold, and that he was
only given one sheet and one blanket, and that such
conditions caused his crotch sores to get worse. (ECF No. 112
at para. 24).
18, 2014, Talley was involved in another altercation with a
corrections officer and was placed on pod 5C (MHU) until July
11, 2014. (ECF No. 112, paras. 26-28). Talley alleges that
once returned to pod 5C from the DHU, Brojovich placed him on
“loaf” meals (whereby daily food is compressed
into a loaf shape) for six days, which he alleges included 6
day old food rather than fresh food, in retaliation for
Talley throwing juice at Correction Officer Mazzocca. (ECF
No. 112 at para 27). Talley alleges that Mazzocca poured
juice into Talley's cup and threw the rest of the juice
through the cell door, causing Talley to slip and bruise his
hip. (ECF No. 112 at para. 26). Talley also alleges that from
June 18, 2014 through July 11, 2014 he was placed in an
unsanitary cell which had feces around the toilet, urine on
the floor, bunk which had been rusted from urine and no
mattress on the bunk. (ECF No. 112 at 28).
is further alleged to have been present when defendant Carla
Ivan, a medical provider, gave him three shots against his
will. (ECF No. 112 at para. 22). He thought the cell was
unsanitary and he did not receive soap, rags, toothpaste or a
toothbrush as such items are not handed out in the pod. (ECF
No. 112, para. 28).
Defendant Rubble, Talley alleges that on August 19, 2014,
Rubble emptied a can of pepper spray toward Talley, after
Talley was told he had to move his cell. (ECF No. 112 at 29).
As noted earlier, Defendant Rubble does not request dismissal
of this claim. In addition, however, as to Defendant Butler,
Talley alleges that after he was sprayed with pepper spray,
Butler refused Talley's request for a shower even though
Butler saw the orange foam marks, smelled the aroma, and knew
how the spray would affect him. (ECF No. 112 at para. 30).
Talley alleges he suffered scabs on his skin where the spray
landed due to the lack of shower.
further alleges that on August 31, 2014, Defendant Sergeant
Raible fabricated that Talley had barricaded himself in his
cell and called the Correction Emergency Response (CERT) team
to extract him, and that during this incident the team, under
Raible's command, used excess force in strapping him to a
bunk, which caused Talley to suffer a broken wrist and ankle
swelling. (ECF No. 112 at 31). The identities of the members
of the CERT Team appears to be unknown; Talley alleges they
wear masks to hide their identity
also alleges that Defendant Harper and Emerick intentionally
denied him access to medical treatment, as described supra,
and due to their denial of constitutional protections he was
unfairly placed in solitary confinement, which rises to the
level of cruel and unusual punishment.