Legal Opinion
Africa v. Horn
District Court, E.D. Pennsylvania
Decided March 19, 1998No. CIV. A. 96-8646PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM
WALDMAN, District Judge.
Presently before the court is defendants’ Motion for Summary Judgment in this 42 U.S.C. § 1983 action. Plaintiff, an inmate at SCI Graterford, has alleged that his placement in the Restricted Housing Unit (“RHU”) because of his refusal to take a tuberculosis test violated his First Amendment rights and subjected him to cruel and unusual punishment.
In considering a motion for summary judgment, the court must determine whether the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, show there is no genuine…
2Cases cited20 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Farmer v. BrennanSupreme Court of the United States · 1994
- Anderson v. CreightonSupreme Court of the United States · 1987
- Turner v. SafleySupreme Court of the United States · 1987
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3Cited by3 opinions
- Wrinkles v. DavisDistrict Court, N.D. Indiana · 2004
- Williams v. Lehigh Department of CorrectionsDistrict Court, E.D. Pennsylvania · 1999
- Cannon v. MoteAppellate Court of Illinois · 2005