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JOHNSON v. DESMOND

441 Pa.Super. 632 (1995)

658 A.2d 375

Charles E. JOHNSON, Appellant, v. David DESMOND, Robert Shearer, William Kelly, Harry Randall, Jim Eiseworth, Appellees.

Superior Court of Pennsylvania.

Filed April 28, 1995.

Attorney(s) appearing for the Case

Charles E. Johnson, appellant, pro se.

R. Matthew Patch, Williamsport, for Desmond, Shearer, Kelly and Randall, appellees.

Jim Eiseworth, appellee, pro se.

Before WIEAND, HUDOCK and HESTER, JJ.

WIEAND, Judge:

In this action brought pursuant to 42 U.S.C. § 1983 to recover damages for an alleged violation of plaintiff's federal constitutional rights to be free from cruel and unusual punishment and to equal protection of the law, the trial court entered summary judgment in favor of the defendant-correctional officers. After careful review, we reverse and remand for further proceedings.

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