Brooks v. Beard, 167 F. App'x 923 (3rd Cir. 2006). · Go Syfert
Brooks v. Beard, 167 F. App'x 923 (3rd Cir. 2006). Cases Citing This Book View Copy Cite
258 citation events (258 in the last 25 years) across 8 distinct courts.
Strongest positive: Segreaves v. Employees of SCI Waymart (pamd, 2025-04-29)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Segreaves v. Employees of SCI Waymart
M.D. Penn. · 2025 · quote attribution · 1 verbatim quote · confidence high
although the complaint alleges that responded inappropriately to brooks's later-filed grievances . . . these allegations do not establish involvement in the treatment itself.
examined Cited as authority (verbatim quote) Burton v. WETZEL
M.D. Penn. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
although the complaint alleges that appellees responded inappropriately to brooks's later-filed grievances about his medical treatment, these allegations do not establish appellees' involvement in the treatment itself.
discussed Cited as authority (verbatim quote) HALL v. SCI FAYETTE
W.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
lthough the complaint alleges that responded inappropriately to later-filed grievances ..., these allegations do not establish involvement ....
discussed Cited as authority (verbatim quote) Anderson v. Shoaf
M.D. Penn. · 2022 · quote attribution · 1 verbatim quote · confidence high
although the complaint alleges that responded inappropriately to later-filed grievances about his medical treatment, these allegations do not establish involvement in the treatment itself.
discussed Cited as authority (verbatim quote) Colon v. Peppers
M.D. Penn. · 2021 · quote attribution · 1 verbatim quote · confidence high
although the complaint alleges that responded inappropriately to later-filed grievances about his medical treatment, these allegations do not establish involvement in the treatment itself.
examined Cited as authority (verbatim quote) Burton v. WETZEL
M.D. Penn. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
although the complaint alleges that appellees responded inappropriately to brooks's later-filed grievances about his medical treatment, these allegations do not establish appellees' involvement in the treatment itself.
examined Cited as authority (verbatim quote) Sonsini, II v. Lebanon County
M.D. Penn. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
although the complaint alleges that appellees responded inappropriately to brooks's later-filed grievances about his medical treatment, these allegations do not establish appellees' involvement in the treatment itself.
discussed Cited as authority (verbatim quote) Whitfield v. Commonwealth of PA
M.D. Penn. · 2020 · quote attribution · 1 verbatim quote · confidence high
although the complaint alleges that responded inappropriately to later-filed grievances about his medical treatment, these allegations do not establish involvement in the treatment itself.
discussed Cited as authority (verbatim quote) Hall v. Lidwell
M.D. Penn. · 2019 · quote attribution · 1 verbatim quote · confidence high
although the complaint alleges that responded inappropriately to later-filed grievances about his medical treatment, these allegations do not establish involvement in the treatment itself.
discussed Cited as authority (rule) Aaron Major v. K. Brittain, et al.
M.D. Penn. · 2026 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). dismiss the complaint against all Defendants pursuant to 28 U.S.C. § 1915A(b)(1) for lack of personal involvement.
discussed Cited as authority (rule) Pedro Luis Gavilan-Cruz v. Pennsylvania Department of Corrections, et al.
M.D. Penn. · 2026 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x > 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process’).
cited Cited as authority (rule) Paulus Irvin Perkins v. Gregory Holloway, et al.
E.D. Va. · 2026 · confidence medium
Va. July 22, 2013) (citing Brooks v. Beard, 167 F. App’x 923, 925 (3rd Cir. 2006)).
cited Cited as authority (rule) Paulus Irvin Perkins v. Gregory Holloway, et al.
W.D. Va. · 2026 · confidence medium
Va. July 22, 2013) (citing Brooks v. Beard, 167 F. App’x 923, 925 (3rd Cir. 2006)).
discussed Cited as authority (rule) Aaron J. Bressi v. SCI-Rockview, et al.
M.D. Penn. · 2026 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). facility.
discussed Cited as authority (rule) Abraham Sigurd Lee v. Michael Gourley, et al.
M.D. Penn. · 2026 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 31 Doc. 1 at 2. 32 Id. at 6. evaluation and DNA sample were being requested.33 This simple correspondence does not implicate personal involvement in a constitutional violation, as Lee does not allege that…
discussed Cited as authority (rule) Abraham Sigurd Lee v. SCI Camp Hill, et al.
M.D. Penn. · 2026 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 28 Doc. 1 at 1.
discussed Cited as authority (rule) Waheed Jenkins v. Department of Corrections, et al.
M.D. Penn. · 2026 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 30 Doc. 1 at 4. 31 See Connelly, 809 F.3d at 787 .
discussed Cited as authority (rule) Kamil T. Brown v. Ms. Haldeman
M.D. Penn. · 2026 · confidence medium
However, Brown’s attestations of his interactions with defendant Pasquale, his unit manager, are sufficiently consistent with the record 6 For Section 1983 purposes, Haldeman’s involvement in responding to Brown’s post-hoc grievance does not establish her personal involvement in the underlying violation. , 167 F. App’x 923, 925 (3d Cir. 2006). that a reasonable jury could credit them.
discussed Cited as authority (rule) Paris Williams v. Jennifer Polemitis, et al.
M.D. Penn. · 2025 · confidence medium
See Rode, 845 F.2d at 1207 (supervisory liability where a defendant, after being informed of the violation through the filing of grievances, reports or appeals, failed to take action to remedy the alleged wrong is not enough to show that the defendant has the necessary personal involvement); Pressley v. Beard, 266 F. App’x 216, 218 (3d Cir. 2008) (“The District Court properly dismissed these defendants and any additional defendants who were sued based on their failure to take corrective action when grievances or investigations were referred to them.”); Brooks v. Beard, 167 F. App’x 923…
discussed Cited as authority (rule) Paris Williams v. Jennifer Polemitis, et al.
M.D. Penn. · 2025 · confidence medium
See Rode, 845 F.2d at 1207 (supervisory ‘iability where a defendant, after being informed of the violation through the filing of grievances, reports or appeals, failed to take action to remedy the alleged wrong is not enough to show that the defendant has the necessary personal involvement); Pressley v. Beard, 266 F. App’x 216, 218 (3d Cir. 2008) (“The District Court properly dismissed these defendants and any additional defendants who were sued based on their failure to take corrective action when grievances or investigations were referred to them.”); Brooks v. Beard, 167 F. App’x 9…
cited Cited as authority (rule) Eric Cherron Jones v. Superintendent Col. Roy Witham, et al.
E.D. Va. · 2025 · confidence medium
Va. July 22, 2013) (citing Brooks v. Beard, 167 F. App’x 923, 925 (3rd Cir. 2006)).
discussed Cited as authority (rule) JEFFREY E. HERRERA v. MALACHY MANNION and PETER J. WELSH
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 40 See Doc. 1 at 3.
cited Cited as authority (rule) ABDUR-RAHEEM v. KUHN
D.N.J. · 2025 · confidence medium
Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006).
discussed Cited as authority (rule) Pietrak v. Litz
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 31 See Doc. 1-1 at 4.
discussed Cited as authority (rule) Spurell v. Rivello
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 28 Monroe v. Beard, 536 F.3d 198, 205 (3d Cir. 2008) (citing Lewis v. Casey, 518 U.S. 343, 346 (1996)). may only proceed on access-to-courts claims in two situations: “challenges (direct or collateral) …
discussed Cited as authority (rule) WILLIAMS v. HUNER
E.D. Pa. · 2025 · confidence medium
(See Compl., generally and Claim 2) These claims are not plausible because in general, “[m]erely responding to or reviewing an inmate grievance does not rise to the level of personal involvement necessary to allege an Eighth Amendment deliberate indifference claim.” Tenon v. Dreibelbis, 606 F. App’x 681, 688 (3d Cir. 2015) (per curiam); Curtis v. Wetzel, 763 F. App’x 259 , 263 (3d Cir. 2019) (per curiam) (“The District Court properly determined that Defendants Wenerowicz, Lewis, and Shaylor – who participated only in the denial of Curtis’ grievances – lacked the requisite perso…
discussed Cited as authority (rule) Beck v. Beckly
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 47 Doc. 6 ¶ 37. 48 Id. ¶ 41. that paper work [sic] in but I’m going to call medical for you so I don’t get in trouble.”49 None of these allegations implicates personal involvement in a constitutio…
discussed Cited as authority (rule) MCGINNIS v. HILL
W.D. Pa. · 2025 · confidence medium
Simonton v. Tennis, 437 F. App’x 60, 62-63 (3d Cir. 2011) (citing Rode, 845 F.2d at 1207-08 ) (“[A] prison official’s secondary review of an inmate's grievance or appeal is not sufficient to demonstrate the personal involvement required to establish the deprivation of a constitutional right.”); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (holding that a state prisoner’s allegation that prison officials and administrators responded inappropriately, or failed to respond to later-filed grievances about his medical treatment, did not establish that the officials and administr…
discussed Cited as authority (rule) MCCARY v. TERRA
E.D. Pa. · 2025 · confidence medium
See Curtis v. Wetzel, 763 F. App’x 259 , 263 (3d Cir. 2019) (per curiam) (“The District Court properly determined that Defendants [Superintendent] Wenerowicz, Lewis, and Shaylor – who participated only in the denial of Curtis’ grievances – lacked the requisite personal involvement [in the conduct at issue].”); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (per curiam) (defendants’ alleged inappropriate responses to plaintiff’s “later- filed grievances” were insufficient to establish those defendants’ personal involvement in underlying wrongs); Burk v. Crowe, Civ…
discussed Cited as authority (rule) Noel v. Shaw
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”).
discussed Cited as authority (rule) Jackson v. Labosky
M.D. Penn. · 2025 · confidence medium
See Durmer, 991 F.2d at 69 (nonmedical prison officials’ failure to respond to inmate letters complaining of underlying conduct is not unconstitutional); Rode v. Dellarciprete, 845 F.2d 1195 , 1207-08 (3d Cir. 1998) (concluding that after-the-fact review of a grievance is □ insufficient to demonstrate the actual knowledge necessary to establish personal involvement); Simonton v. Tennis, 437 F. App’x 60, 62 (3d Cir. 2011) (nonprecedential) □□□□□ prison official's secondary review of an inmate's grievance or appeal is not sufficient to demonstrate the personal involvement require…
discussed Cited as authority (rule) Harrison v. Booher
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”).
discussed Cited as authority (rule) Johnson v. McGinley
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post- incident grievance process”). 22 See Neitzke v. Williams, 490 U.S. 319, 328 (1989). 23 Doc. 12 at 14 ¶ 6. day slavery, white robes & broken badges in the guise of black robes”;24 or that “case law riggs [sic] the system to allow…
discussed Cited as authority (rule) Gannaway v. Gourley
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 28 Doc. 1 at 2. the only two Defendants who—under Gannaway’s pleading—could be personally involved in the due process violation concerning the allegedly falsified drug tests.
discussed Cited as authority (rule) Jones v. Rickard
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post- incident grievance process”). wrongdoing by them that would establish personal involvement in the purported constitutionally deficient medical care.
discussed Cited as authority (rule) Marsh, Jr. v. Stratton
M.D. Penn. · 2025 · confidence medium
See Rode, 845 F.2d at 1207-1208 (concluding that after-the-fact review of a grievance is insufficient to demonstrate the actual knowledge necessary to establish personal involvement); Simonton v. Tennis, 437 F. App’x 60, 62 (3d Cir. 2011) (“[A] prison official’s secondary review of an inmate’s grievance or appeal is not sufficient to demonstrate the personal involvement required to establish the deprivation of a constitutional right”); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006).
discussed Cited as authority (rule) Williams v. Rickard
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post- incident grievance process”).
cited Cited as authority (rule) Metcalf v. GEO Group, Inc.
E.D. Va. · 2025 · confidence medium
Va. July 22, 2013) (citing Brooks v. Beard, 167 F. App’x 923, 925 (3rd Cir. 2006)).
discussed Cited as authority (rule) Bradley v. Prince
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). regarding the results of an X-ray, and that Dr. Prince informed Bradley that his “restrictions have been updated.”46 This single sentence does not indicate how Dr. Prince was involved in constitutiona…
discussed Cited as authority (rule) WALLACE v. MCPHERSON
E.D. Pa. · 2025 · confidence medium
McCoy, without more, is insufficient to establish personal involvement” (citing cases)); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (per curiam) (defendants’ alleged inappropriate responses to plaintiffs “later-filed grievances” were insufficient to establish those defendants’ personal involvement in underlying wrongs); Burk v. Crowe, No. 19-5792, 2020 WL 42758 , at *4 (E.D.
cited Cited as authority (rule) Metcalf v. GEO Group, Inc.
E.D. Va. · 2025 · confidence medium
Va. July 22, 2013) (citing Brooks v. Beard, 167 F. App’x 923, 925 (3rd Cir. 2006)).
discussed Cited as authority (rule) Mbewe v. Delbalso
M.D. Penn. · 2025 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). other words, Mbewe never pleads what each Defendant did or did not do to violate the constitution.
discussed Cited as authority (rule) Fann, Jr. v. Salamon
M.D. Penn. · 2025 · confidence medium
Eighth Amendment Conditions of Confinement “[T]he Constitution does not mandate comfortable prisons, and prisons . . . which house persons convicted of serious crimes[] cannot be free of discomfort.”61 Nevertheless, the state cannot subject an inmate to cruel and unusual punishment Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their inv…
discussed Cited as authority (rule) Bohannon v. Trevethan (2×)
M.D. Penn. · 2024 · confidence medium
See Rode, 845 F.2d at 1207-1208 (concluding that after-the-fact review of a grievance is insufficient to demonstrate the actual knowledge necessary to establish personal involvement); Simonton v. Tennis, 437 F. App’x 60, 62 (3d Cir. 2011) (“[A] prison official’s secondary review of an inmate’s grievance or appeal is not 12 sufficient to demonstrate the personal involvement required to establish the deprivation of a constitutional right”); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006).
discussed Cited as authority (rule) Austin v. Former Superintendent Ransom
M.D. Penn. · 2024 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). free speech claim against Ransom, and because there is no “question of law or fact common to all defendants” such that these claims and defendants could be permissively joined together in this action,…
discussed Cited as authority (rule) Butler v. Wetzel
M.D. Penn. · 2024 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 57 Doc. 44 ¶ 34. that have open-bar cell doors[.]”58 From this single statement, Butler somehow concludes that Wetzel must have been aware that “there is no ventilation system” at SCI Huntingdon an…
discussed Cited as authority (rule) Hunter v. Pennsylvania Department of Corrections
M.D. Penn. · 2024 · confidence medium
See Simonton v. Tennis, 437 F. App’x 60, 62 (3d Cir. 2011) (unpublished) (stating that “a prison official’s secondary review of an inmate’s grievance or appeal is not sufficient to demonstrate the - 19 - personal involvement required to establish the deprivation of a constitutional right”); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (unpublished) (holding that allegedly inappropriate responses by defendant prison officials and administrators to state prisoner’s “later-filed grievances” were insufficient to establish the defendants’ personal involvement in the und…
discussed Cited as authority (rule) Morgan v. Arviza
M.D. Penn. · 2024 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post- incident grievance process”). 30 Doc. 1 at 6.
discussed Cited as authority (rule) Kohr v. Rivello
M.D. Penn. · 2024 · confidence medium
Pa. 2015) (collecting cases); Brooks v. Beard, 167 F. App’x 923, 925 (3d Cir. 2006) (nonprecedential); Alexander v. Gennarini, 144 F. App’x 924, 925 (3d Cir. 2005) (nonprecedential) (explaining that prisoner’s claims against certain defendants were “properly dismissed” because the allegations against them “merely assert their involvement in the post-incident grievance process”). 34 See Doc. 1-2 at 1-4. cancelation was outside of the prison’s control because the surgeon had to undergo emergency surgery himself.35 To plausibly plead a Section 1983 claim, Kohr must specify each De…
discussed Cited as authority (rule) Sainiak v. Newberry
M.D. Penn. · 2024 · confidence medium
See Rode, 845 F.2d at 1207 (finding where a defendant, after being informed of the violation through the filing of grievances, reports or appeals, failed to take action to remedy the alleged wrong is not enough to show that the defendant has the necessary personal involvement); Pressley v. Beard, 266 F. App’x 216, 218 (3d Cir. 2008) (not precedential) (“The District Court properly dismissed these defendants and any additional defendants who were sued based on their failure to take corrective action when grievances or investigations were referred to them.’); Brooks v. Beard, 167 F. App’…
Retrieving the full opinion text from the archive…
Isaac BROOKS, Jr., Appellant
v.
Jeffrey A. BEARD; Franklin J. Tennis; Richard Eller; Department of Corrections of Pennsylvania
05-3196.
Court of Appeals for the Third Circuit.
Feb 14, 2006.
167 F. App'x 923
Isaac Brooks, Jr., Philadelphia, PA, pro se.
Roth, Fuentes, Vanantwerpen.
Cited by 231 opinions  |  Unpublished

OPINION

PER CURIAM

Isaac Brooks, Jr., appeals from an order of the United States District Court for the Middle District of Pennsylvania dismissing his complaint brought under 42 U.S.C. § 1983. In 2003, Brooks, who is currently incarcerated at the Rockview State Correctional Institution (“SCI-Roekview”), filed this civil rights action, asserting Eighth Amendment and negligence claims in connection with an injury he sustained while in his cell. Brooks asserts that his Achilles tendon was torn by a two-inch metal pipe protruding from the floor in his cell and that he did not receive proper medical attention for this injury at the time it occurred or subsequently. Brooks seeks monetary damages and injunctive relief.

Brooks was granted in forma pauperis status in the District Court pursuant to 28 U.S.C. § 1915. As Brooks’s complaint named governmental officers and employees as defendants, the District Court carried out its obligation to screen the complaint under 28 U.S.C. § 1915A, prior to service of process. The District Court dismissed the complaint as legally frivolous under § 1915(e)(2)(B)(i), and Brooks timely filed this appeal, again proceeding pro se.

[*925] Our review of the District Court’s dismissal under § 1915(e)(2)(B) is plenary, and, as the allegations in the complaint do not appear to be factually frivolous, we must accept them as true along with all reasonable inferences that can be drawn from them. See Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir.2000) (quoting Nami v. Fauver, 82 F.3d 63, 65 (3d Cir.1996)). [1]

To state an Eighth Amendment claim based on inadequate medical treatment, Brooks must allege that Appellees were deliberately indifferent to his serious medical needs. See Estelle v. Gamble, 429 U.S. 97, 104-105, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); Durmer v. O’Carroll, 991 F.2d 64, 67 (3d Cir.1993). Brooks can demonstrate “deliberate indifference” by showing that Appellees were “aware of facts from which the inference can be drawn that a substantial risk of serious harm exists and [that they] also [drew] the inference.” See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). However, because this is an action under § 1983, Brooks cannot rely solely on respondeat superior as a theory of liability; rather, he must show personal involvement by Appellees by alleging personal direction, actual knowledge, or acquiescence. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir.1988). Our review of the complaint reveals no facts alleging personal involvement on the part of Appellees, who are prison officials and administrators. Although the complaint alleges that Appellees responded inappropriately to Brooks’s later-filed grievances about his medical treatment, these allegations do not establish Appellees’ involvement in the treatment itself. As a result, this claim lacks an arguable basis in law and was properly dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). See Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

We also agree with the District Court that, irrespective of the question of Appellees’ personal involvement, Brooks’s allegations do not demonstrate “deliberate indifference” at all, as they state no more than negligence. See Dist. Ct. Op. at 5. Brooks’s complaint asserts that treatment for his injury was delayed by the prison medical department. However, the complaint also relates that when Brooks was eventually seen, he refused to sign a cash slip as required by prison policy, thereby causing a further delay in his treatment. Brooks’s nonchalant behavior in refusing to sign the cash slip belies his assertion that his injury constituted an “excessive risk” to his health and, consequently, undermines any attempt to show deliberate indifference on the part of medical department personnel, even if he had named any of them as defendants. See Farmer, 511 U.S. at 837, 114 S.Ct. 1970. Under these circumstances, Brooks cannot state a claim of deliberate indifference on the basis of the delay in treatment. Cf. Monmouth County Corr. Institutional Inmates v. Lanzaro, 834 F.2d 326, 346-47 (3d Cir.1987). Similarly, Brooks’s disagreement with the medical decisions regarding follow-up visits to the specialist and physical therapy, without more, does not state an Eighth Amendment violation. See Spruill v. Gillis, 372 F.3d 218, 235 (3d Cir.2004).

Brooks’s complaint also alleges that the metal pipe in his cell floor constituted a “dangerous condition” under the real property exception to Pennsylvania’s Sovereign Immunity Act, 42 Pa. Cons.Stat. Ann. §§ 8521-8553. Under this exception, in certain circumstances, the state may be found liable for damages caused by “[a] dangerous condition of Commonwealth agency real estate and sidewalks, including Commonwealth-owned real property ...” See 42 Pa.C.S.A. § 8522(b)(4). The District Court did .not specifically address this[*926] argument, holding generally that Brooks’s suit against the Pennsylvania Department of Corrections was barred by the state’s Eleventh Amendment immunity. We agree and note, for clarification purposes, that the real property exception to sovereign immunity does not apply here. Although the Pennsylvania legislature has carved out nine exceptions, including the one described above, to its sovereign immunity from suit, the state has expressly retained its Eleventh Amendment immunity for purposes of federal lawsuits: “Nothing contained in this subchapter shall be construed to waive the immunity of the Commonwealth from suit in Federal courts guaranteed by the Eleventh Amendment to the Constitution of the United States.” 42 Pa. Cons.Stat. Ann. § 8521(b). Therefore, Brooks’s attempt to invoke the real estate exception is misplaced in this lawsuit.

For the foregoing reasons, we will summarily affirm the District Court’s judgment.

1

. Appellees have notified this Court that they will not be participating in the appeal.