United States District Court, E.D. Pennsylvania
Tyrone Peele brings this pro se prisoner civil rights action
under 42 U.S.C. § 1983 alleging that his constitutional
rights were violated by Defendant John Delaney, the warden of
the Curran-Fromhold Correctional Facility (CFCF) in
Philadelphia. The defendant filed a motion for summary
judgment. Because the plaintiff has not put forth evidence
that would allow a reasonable jury could find in his favor, I
will grant the defendant's motion for summary judgment.
October 1, 2012, Mr. Peele filed a complaint against the
Philadelphia Prison System alleging violations of his
constitutional rights while he was housed at CFCF. (Doc. No.
5.) The record in this case lends itself to only a sparse
factual summary because it unfortunately lacks any
October 11, 2012, Mr. Peele was allegedly placed in a cell
with two other men, though the cell was only meant to hold
two people. (Id. at 2.) He further claims that as of
August 2, 2012, he was placed in a cell with three
other men and no windows. (Id.) In the crowded cell,
the plaintiff slept in a "boat" (a temporary bed,
used in overcrowded prisons), which was positioned next to
the toilet. (Id.)
December 15, 2011, Mr. Peele discovered that he had lice.
(Id.) He states that he and his two cellmates were
then quarantined to their cell, were given bleach to clean,
and were retreated with medical shampoo a week
December 24, 2011 through December 29, 2011, there were
allegedly no working lights in Mr. Peele's cell.
(Id. at 3.)
Medical Condition and Treatment
Peele claims that since February 26, 2012, he has complained
of "pain in [his] neck and down [his] right side."
(Id.) He was x-rayed and diagnosed with
"degenerative disc disease." (Id.) The
prison provided him with medication, but he claims that it
did not stop the pain. (Id.)
Peele claims that after he reported a cracked window, which
he did not break, he was improperly fined $700 for it.