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Peele v. Delaney

United States District Court, E.D. Pennsylvania

June 21, 2018

TYRONE PEELE, Plaintiff,
v.
WARDEN DELANEY, Defendant.

          MEMORANDUM

          STENGEL, C.J.

         Plaintiff 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.

         II. BACKGROUND

         On 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 significant evidence.

         A. Triple-Celling

         On 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.)

         B. Lice

         On 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 later.[1] (Id.)

         C Darkness

         From December 24, 2011 through December 29, 2011, there were allegedly no working lights in Mr. Peele's cell. (Id. at 3.)

         D. Medical Condition and Treatment

         Mr. 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.)

         E. Improper Fine

         Mr. Peele claims that after he reported a cracked window, which he did not break, he was improperly fined $700 for it. (Id.)

         II. ...


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