United States District Court, M.D. Pennsylvania
MALACHY E. MANNION JUDGE
January 11, 2013, Plaintiff, Dwayne L. Rieco, an inmate
formerly confined in the Retreat State Correctional
Institution, Hunlock Creek ("SCI-Retreat"),
Pennsylvania, filed the above captioned civil rights
action pursuant to 42 U.S.C. §1983. (Doc. 1).
Plaintiff named as Defendants, Lt. Bronsburg, Sgt.
Maustellar, Captain Fowler, Correctional Officers Osmullski
and Ferretti and Dr. Chiavacci. Id.
alleged that on January 3, 2013 he was subjected to excessive
force in violation of the Eighth Amendment prohibition
against cruel and unusual punishment when he was forcibly
removed from his cell. Id. Plaintiff further claims
that the purpose of moving him to a different cell was to
house him to a cell-block that is not monitored by video
cameras, which is violative of the Due Process and Equal
Protection Clauses. Id. Plaintiff also alleges that
his legal materials were illegally seized in violation of the
Fourth Amendment during the cell extraction, Id. In
addition, Plaintiff contends that he was issued a false
misconduct for allegedly kicking and punching his cell door,
and threatening an employee in retaliation, Id.
to the cell extraction, Plaintiff sought treatment from
Defendant, Dr. Chiavacci, alleging that a guard stomped on
his foot. Id. Plaintiff claims that Dr. Chiavacci
told Plaintiff he would have to wait until the next day to be
X-rayed and offered him a bandage and Tylenol. Id.
March 28, 2013, the Corrections Defendants filed a motion to
dismiss the complaint for, inter alia, Plaintiffs
failure to exhaust administrative remedies. (Doc. 28). On
April 8, 2013, Dr. Chiavacci filed a motion to dismiss
Plaintiffs complaint. (Doc. 32). In response to
Defendants' motions to dismiss, Plaintiff filed a motion
to file an amended complaint. (Doc. 38). Plaintiffs motion to
amend was granted and Defendants' motions were dismissed
as moot. (Doc. 52).
December 26, 2013, Plaintiff filed his amended complaint,
(Doc. 57), which was stricken from the docket for failing to
comply with the Federal Rules of Civil Procedure. (Doc. 61).
Plaintiff filed another amended complaint on August 11, 2014.
(Doc. 65). Plaintiff named the following SCI-Retreat
employees as Defendants: Facility Manager James McGrady,
Psychiatric Doctors Kapoza and Jeddick and Psychology staff
member Maureen Matiska, and Physicians Assistant Clemens and
Maintenance Supervisor Harding.
alleged that on January 17, 2013, he was "retaliated
against and (sic) all Defendants by an actual fraud falsified
a petition to unlawfully commit [him] under §7302"
and that he was "not notified of their malicious intent
by our courts." (Doc. 65). Plaintiff claimed, however,
that he "was not a clear and present danger and petition
§7303 was withdrawn for a lack of evidence and
witnesses." Id. Thus, he was "not subject
to involuntary treatment and released from SCI-Graterford
Mental Health Unit." Id- Plaintiff filed the instant
action claiming his "due process, equal protections
(sic) were violated and an act of malfeasance was
commissioned against [him] for a non penological interest by
a malicious prosecution and §3703 hearing was not
processed within the scope of 120 hours but was 288 or more
in violation of [Plaintiffs] due process official
relief, he sought compensatory and punitive damages, as well
as "release from mental health program" and
criminal charges against Defendants, resulting in loss of
their positions. Id.
responded to Plaintiffs amended complaint with separate
motions to dismiss. (Docs. 66, 83).
Memorandum and Order dated March 30, 2015, the Court granted
Defendants' motions to dismiss Plaintiffs amended
complaint for failure to allege personal involvement of all
Defendants, failure to allege a cognizable violation of the
MHPA and for failing to allege claims of retaliation,
malicious prosecution or official oppression. (Docs. 86, 87).
April 21, 2015, Plaintiff filed a notice of appeal to the
United States Court of Appeals for the Third Circuit. (Doc.
April 12, 2017 mandate, the United States Court of Appeals
for the Third Circuit affirmed in part and vacated in part,
this Court's March 30, 2015 Memorandum and Order. (Doc.
97). While affirming the dismissal of all claims raised in
Plaintiffs amended complaint, the Third Circuit remanded with
instruction that "the District Court should adjudicate
the Eighth Amendment claims raised in Rieco's original
complaint." Id. Specifically, the Court of
Appeals found that "Rieco's original complaint is
well-pleaded, his Eighth Amendment claims are not frivolous
on the face of the complaint, and it is clear that he did not
intend to abandon them." Id.
Order dated April 13, 2017, the instant action was reopened,
Defendants Sgt. Maustellar, Captain Fowler, Lt. Bronsburg,
and Correctional Officers Osmullski, Ferretti and Teasdale
were reinstated as named Defendants and the ...