Bush v. Veach

DISSENTING OPINION BY

Judge SIMPSON.

Because I would affirm the decision of the Court of Common Pleas of Schuylkill County (trial court) which sustained preliminary objections to the complaint filed by inmate Peter T. Bush (Inmate), representing himself, I respectfully dissent. In particular, I disagree with two aspects of the majority opinion: 1) that Inmate stated a claim for violation of procedural due process when his prison job was taken away; and, 2) that Inmate stated a claim for retaliation for filing grievances.

1. Due Process

The majority concludes that even though Inmate has no…