Anthony DeFranco v. William Wolfe

387 F. App'x 147
CourtCourt of Appeals for the Third Circuit
DecidedJuly 14, 2010
Docket08-1957
StatusUnpublished
Cited by47 cases

This text of 387 F. App'x 147 (Anthony DeFranco v. William Wolfe) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anthony DeFranco v. William Wolfe, 387 F. App'x 147 (3d Cir. 2010).

Opinion

OPINION

AMBRO, Circuit Judge.

Anthony DeFranco brought a § 1983 suit against various prison officials and staff at the State Correctional Institution at Albion (“SCI-Albion”). Among other things, his complaint alleged (1) retaliatory removal of single-cell status; (2) retaliatory transfer; and (3) double-celling in violation of the Eighth Amendment, the three claims that are the subject of this appeal. He appeals the District Court’s grant of summary judgment in favor of defendants. Though this is a close call in part, we believe that DeFranco has not raised genuine issues of material fact on any of his claims. Accordingly, we affirm the judgment of the District Court.

I. Factual and Procedural Background

The facts in this case, summarized below, span five years in numerous correctional facilities, much of it spent in litigation.

A. DeFranco arrives at SCI-Albion

DeFranco is currently serving his sentence at SCI-Albion, having been transferred there in October 1999. Prior to his arrival, he had been housed in a single-cell unit due to his inability to cope "with having a cellmate. Although he was initially housed with other cellmates at SCI-A1-bion, his inability to cope with cellmates led prison officials to confer him with “Z-code” status and place him in a single cell on February 7, 2000. (“Z-code” status is the designation given to an inmate who is deemed to require placement in a single cell.) The Z-code was initially conferred on the recommendation of the Chief Psychologist at SCI-Albion, Steve Reilly.

B. DeFranco’s Z-code status is removed

On March 24, 2002, DeFranco threatened to kill a corrections officer and received a misconduct. He was then placed in the prison’s restricted housing unit until April 2002, at which time he was assigned to a different housing unit at SCI-Albion to separate him from the corrections officer he had threatened.

Shortly after arriving in the new housing unit, DeFranco claims he made a comment to Rod Showers, the unit manager, about suing the institution for losing a pair of his tennis shoes. Showers responded, according to DeFranco, that he would see how the Department of Corrections “deals with inmates who sue.” Within ten days, a review of DeFranco’s Z-code status began, and the committee in that unit, including Showers and a counselor named Judy Jackson, voted to remove DeFranco’s Z-code status.

DeFranco alleges that Jackson spoke with the Psychology Department to implement the process of removing the Z-code. The psychologist who evaluated DeFranco saw him only one time in May 2002, and she wrote her report a few weeks later in June 2002. She found DeFranco condescending, and believed that medication would adequately treat his medical needs. There was no psychiatric referral at that time, and Chief Psychologist Reilly was *150 not consulted about removing the Z-code even though he regularly consults on Z-code approvals and removals, and he recommended the initial designation in 2000.

DeFranco’s Z-code status was removed in June 2002. Although each inmate receives an annual review, the removal here allegedly occurred at an “interim staff[ing] [recommendation]” meeting not part of a scheduled annual review.

C. DeFranco’s requests to reinstate his Z-code

For the next two years, DeFranco repeatedly asked prison officials to reinstate his Z-code designation without success. On September 23, 2002, DeFranco’s treating prison psychiatrist, Dr. Angela Linde-muth, wrote a letter to the Z-code committee. She had treated DeFranco’s panic disorder and generalized anxiety for several years, and had previously prescribed medication to manage his symptoms. Because double-celling would “only serve to fuel his brewing anger and agitations ... [,] likely resulting] in an explosive rage,” she recommended that the status be reinstated. No reinstatement was made at that time.

On March 10, 2004, another vote on his Z-code was held at DeFranco’s request. Reilly and DeFraneo’s new counselor, Karla Webb, voted to reinstate the Z-code, but three others voted against reinstatement. On August 20, 2004, Dr. Lindemuth again wrote a letter to the Z-code committee recommending reinstatement, but this was also unsuccessful.

D. DeFranco files a civil rights action and receives a temporary restraining order

On August 10, 2004, DeFranco filed this lawsuit. In his initial complaint, he sued William Wolfe, the former Superintendent at SCI-Albion; Reilly; Denise Bunner, another psychologist at SCI-Albion; Showers; Jackson; unnamed defendants Jane Doe and Dr. John Doe; and Jeffrey Beard, Secretary of the Pennsylvania Department of Corrections. Later that month, he filed a motion for a preliminary injunction to reinstate his Z-code status. He also sought a temporary restraining order (TRO) in September 2004 seeking the same status.

A telephone hearing on the TRO was held on October 22, 2004, during which evidence was presented by both DeFranco and the prison officials. DeFranco claimed his placement in a double cell with another inmate had exacerbated his preexisting heart condition, which required him to increase his dosage of heart and anxiety medication. Specifically, he claimed that he did not need nitroglycerin tablets, aspirin, and Lopressor prior to double-celling. He also presented a report from Lindemuth that recommended single-celling, which the Magistrate Judge noted was Lindemuth’s “professional opinion.”

The prison officials denied that DeFran-co’s medical records reflected a need for single-celling and also denied that he was in danger of suffering irreparable harm as a result of his placement in a double cell. William Barr, SCI-Albion’s Superintendent’s Assistant, represented to the District Court that “[w]e can actually shift [DeFranco] to a Z Code cell if necessary.” He also claimed that “there was quite a movement afoot here to actually transfer him, and we were able to lobby and keep Mr. DeFranco here because it’s close to his home and family.”

No ruling was made on October 22. Four days later, DeFranco filed a second petition for a TRO. He claimed that, immediately following the telephone hearing, he was told by Barr that “there will probably be a single cell available for you at SCI- *151 Dallas[, PA].” DeFranco interpreted this as a threat to transfer him, and sought a TRO to prevent prison officials from effecting a transfer to another facility in retaliation for his Z-code challenge.

The District Court granted the TRO on November 2, 2004, ordering that DeFran-co’s Z-code status be reinstated immediately and that he be placed in a single cell at SCI-Albion.

E. DeFranco’s motion for a preliminary injunction is denied

A hearing was held on the motion for a preliminary injunction on December 17, 2004. Lindemuth, Webb, and Nurse Sue Ann Rebele testified, and Barr submitted an affidavit in lieu of live testimony. They largely eliminated the District Court’s concerns regarding the likelihood of irreparable harm that would be caused to DeFran-co if he were placed in a double-cell.

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Bluebook (online)
387 F. App'x 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-defranco-v-william-wolfe-ca3-2010.