Johnson v. Desmond

WIEAND, Judge:

In this action brought pursuant to 42 U.S.C. § 1983 to recover damages for an alleged violation of plaintiffs federal constitutional rights to be free from cruel and unusual punishment and to equal protection of the law, the trial court entered summary judgment in favor of the defendant-correctional officers. After careful review, we reverse and remand for further proceedings.

On October 30, 1989, Charles Johnson was an inmate at the Lycoming County Prison. While asleep in his cell, he was awakened by William Kelly, a correctional officer, who shook and banged upon the cell gate…