Petrichko v. Kurtz

MEMORANDUM

LOWELL A. REED, Jr., Senior District Judge.

Plaintiff Daniel Scott Petrichko brought this action under 42 U.S.C. § 1983, alleging that defendants violated his rights under the Eighth Amendment. Defendants have moved for summary judgment under Rule 56(c) of the Federal Rules of Civil Procedure (Document No. 40). For the following reasons, the motion of defendants will be denied.

Introductory Facts 1

Petrichko, who was a prisoner at the Schuylkill County Prison, was playing basketball at the prison on July 30, 1997, when another inmate shoved him into a steel pole, dislocating his…