Miles v. Beard

*167CONCURRING AND DISSENTING OPINION BY

Judge FRIEDMAN.

I agree with the majority that the Court of Common Pleas of Somerset County (trial court) erred in dismissing the complaint filed by Mickey Miles (Miles) against Jeffrey A. Beard, Ph.D., (Beard) Secretary of Corrections, Department of Corrections (Department), individually and in his respective official capacity, and the other Respondents, on grounds that Miles failed to exhaust his administrative remedies or that Miles fails to state a cause of action in his complaint. However, I do not agree that the trial court erred in concluding that…