Summary
The United States District Court for the Middle District of Pennsylvania grants Paris Williams leave to proceed in forma pauperis but dismisses his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The court concludes that allegations concerning the defendants’ handling and denial of prison grievances do not establish personal involvement in an underlying constitutional violation, while granting leave to amend.
Holdings
- Allegations that prison officials denied, reviewed, or participated in the post-incident grievance process do not, without more, establish the personal involvement necessary to impose § 1983 liability for an underlying constitutional violation.
- Inmates do not have a constitutionally protected right to a prison grievance process.
- Leave to amend should be granted because the complaint's deficiencies were largely factual and amendment was not shown to be inequitable or futile.
Questions Presented
- Whether Williams stated a claim under 42 U.S.C. § 1983 by alleging that prison officials denied or reviewed his grievances and appeals.
- Whether the complaint should be dismissed during preliminary screening for failure to allege the defendants' personal involvement in an underlying constitutional violation.
- Whether Williams should be granted leave to amend the deficient complaint.
Disposition
dismissed
Cases Cited (14)
- Brodzki v. Tribune Co., 481 F. App'x 705, 706 (3d Cir. 2012) (per curiam)(followed)
- Mitchell v. Dodrill, 696 F. Supp. 2d 454, 471 (M.D. Pa. 2010)(followed)
- Gonzaga Univ. v. Doe, 536 U.S. 273, 284-85 (2002)(followed)
- Kneipp v. Tedder, 95 F.3d 1199, 1204 (3d Cir. 1996)(followed)
- Mark v. Borough of Hatboro, 51 F.3d 1137, 1141 (3d Cir. 1995)(followed)
- Emil Jutrowski v. Township of Riverdale, Jutrowski v. Twp. of Riverdale, 904 F.3d 280, 289 (3d Cir. 2018)(followed)
- Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988)(followed)
- Dooley v. Wetzel, 957 F.3d 366, 374 (3d Cir. 2020)(followed)
- Jackson v. Gordon, 145 F. App'x 774, 777 (3d Cir. 2005) (per curiam)(followed)
- Pressley v. Beard, 266 F. App'x 216, 218 (3d Cir. 2008)(followed)
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Cited In (0)
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Court Document
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