Gallagher v. COM. OF PA., BUR. OF CORR.

Opinion by

Judge Barry,

Jay Gallagher appeals from an order of the Court of Common Pleas of Centre County which granted a motion for summary judgment filed by the Commonwealths Bureau of Correction and the State Correctional Institution at Rockview (SCIR) and dismissed appellants complaint.

Appellant is incarcerated at the SCIR. At the time in question, he shared a cell with another inmate. The cell had bunk beds, appellant occupying the upper *518bunk. Because no ladder is in the cell, appellant could reach the upper bunk only by using the cell bars to climb to the upper bunk. Appellant was using…