Legal Opinion
SWIDERSKI v. HARMON
District Court, E.D. Pennsylvania
Decided October 27, 2020No. 5:19-cv-02321Unknown
1Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JASON SWIDERSKI : CIVIL ACTION : v. : NO. 19-2321 : JOHN HARMON, et al. : MEMORANDUM KEARNEY, J. October 27, 2020 An incarcerated man alleging toxic black mold in his Northampton County Prison cell and shower facilities must do more than conclude the alleged mold harmed his health. To defeat a motion for summary judgment, he needs to adduce evidence the alleged mold creates a substantial risk of harm rising to the level of deliberate indifference under the Eighth Amendment. After extended discovery, there is a…
2Cases cited26 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
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Farmer v. BrennanSupreme Court of the United States · 1994
- Scott v. HarrisSupreme Court of the United States · 2007
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