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. 122) Plaintiff's Amended Complaint filed
by Defendants Robin DeVaughn, Carla Ivan, Suzanne Larry, and
Maria Beth Long, all of whom were at the relevant time
employed in the medical department provided to inmates 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 currently
housed at the State Correctional Institution - Forest. The
alleged incidents giving rise to this lawsuit, however,
occurred when Talley was previously housed at
Amended Complaint (ECF No. 112), Talley sues numerous
individuals who worked at ACJ, either as County employees or
as employees of Corizon, a contractor employed by Allegheny
County to provide health care services to inmates at the ACJ.
The claims in the Amended Complaint relate to an approximate
eight-month period from December 19, 2013, through August
movants herein, Talley avers as follows. Defendant Robin
DeVaughn is identified as a supervisor for the medical
department of the Allegheny County Jail (ECF No. 112, para.
7); Suezanne Larry is a physician's assistant in the
mental health department at the Allegheny County Jail,
responsible for evaluating inmates brought into Pod 5C (ECF
No. 112, para. 8); and Maria Long and Carla Ivan are nurses
at the Allegheny County Jail (ECF No. 112, paras. 9, 10).
Talley alleges he was injured after an altercation with a
corrections officer Arlottta on December 19, 2013. (ECF No.
112, para. 20). The alleged injuries from that altercation,
which will be addressed separately as to whether Talley has
stated a claim against Arlotta, included fractured left
thumb, fractured jaw that caused temporomandibular joint
syndrome (“TMJ”), an injured right knee, along
with mental and emotional injuries. (ECF No. 112 at para.
that altercation, he 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 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). He remained in the DHU until March 27, 2014.
alleges Carla Ivan, a day or two before January 28, 2014
while he was still at pod 5C, fabricated Mr. Talley being a
disturbance to get him to leave pod 5C, and also, that he was
given shots against his will by Ivan. He further alleges that
he was not, and has “never been prescribed any type of
drug that would knock you unconscious as these drugs
did” and that he suffered from sciatic nerve problems
from where Ivan injected him, as well as mental and emotional
stress. (ECF NO. 112, para. 22). He then 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).
8E, nurses walk to every cell and ask inmates if they have a
medical problem that needs to be addressed by the medical
department. (ECF No. 112, para. 25). Talley claims
he gave Defendant Long medical request forms dated January
30, 2014, February 17, 2014, and February 23, 2014
“pertaining to the injuries the Plaintiff suffered
since December 19, 2013.” (ECF No. 112, para. 25). He
further alleges that he wrote to supervisor DeVaughn on March
28, 2014 asking to be seen. (ECF No. 112, para. 25).
These requests, according to Talley:
pertained to “the massive weight lost due to the bag
lunches on pod 5C. The Plaintiff never received medical
attention. The injuries the Plaintiff received healed wrong,
and continue to cause the Plaintiff pain, and limited range
of motion, due to the lack of medical attention.
(ECF No. 112 at para. 25).
18, 2014, Talley was involved in another altercation with a
corrections officer and was placed on pod 5C until July 11,
2014. (ECF No. 112, paras. 26-28). 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). Talley alleges that Defendant Larry told
his living conditions and receipt of bag meals would continue
while he was on pod 5C. (ECF No. 112 para. 28).