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633 F. App'x 76
3d Cir.
2015
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Background

  • Plaintiff Dwayne Rieco, a Pennsylvania state prisoner, sued prison staff under 42 U.S.C. § 1983 after an incident on February 15, 2014 involving an allegedly broken tray with a fruit cup contaminated with urine and a tofu burger with a spicy substance.
  • Rieco alleged the tray was slammed onto his arms by Officer Moran when Moran retrieved it; he also received a misconduct ticket from Officer Smith.
  • Rieco asserted multiple claims: food tampering and deprivation (Eighth Amendment), physical assault/excessive force, verbal threats and retaliation (First Amendment), fabrication of misconduct report, interference with grievance process, failure to investigate, denial of access to courts/law library, and denial of medical treatment.
  • The District Court dismissed all claims against all defendants except Moran (assault), but Rieco later settled and dropped claims against Moran. Rieco appealed the dismissals.
  • The Third Circuit reviewed de novo and summarily affirmed, concluding Rieco failed to plead required elements for the various constitutional claims (e.g., injury from contaminated food, sufficient causal facts for retaliation, actual injury for access-to-courts).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Eighth Amendment — food tampering / contaminated food Rieco: contaminated fruit cup and spicy tofu burger constituted cruel and unusual punishment Defendants: plaintiff did not allege he ate the food or suffered an injury from it Dismissed — no allegation he ingested or was injured by the food, so no Eighth Amendment violation (citing Robles)
Eighth Amendment — food deprivation (single missed meal) Rieco: Helsel failed to provide a replacement tray Defendants: one missed meal is not a substantial deprivation Dismissed — single meal deprivation insufficient to state Eighth Amendment claim (citing Lindsey)
First Amendment — retaliation for prior grievance Rieco: food tampering was retaliation for a grievance five months earlier Defendants: temporal gap and lack of other adverse treatment negate causation Dismissed — five-month gap without additional facts insufficient to plead causation for retaliation (citing Robinson / Marra)
Verbal threats / offensive comments Rieco: Guskiewicz made threatening, offensive remarks Defendants: words alone do not rise to constitutional violation Dismissed — verbal taunts insufficient for Eighth Amendment relief (citing McBride, Oltarzewski)
False misconduct report / due process Rieco: misconduct ticket was fabricated and denied due process Defendants: disciplinary proceedings alone are not § 1983; Rieco declined to participate in hearing Dismissed — no protected activity alleged for retaliation; he had opportunity to be heard but declined (citing Smith v. Mensinger)
Access to courts / law library denial Rieco: library denial by Fusco, Woods, Vance impeded his access Defendants: no freestanding right to law library; plaintiff must allege actual injury Dismissed — no actual injury alleged, so no access-to-courts claim (citing Lewis, Peterkin)
Denial of medical treatment after assault Rieco: denied medical care following Moran’s alleged assault Defendants: no serious medical need pleaded; claim subsumed in excessive force Dismissed — no allegation of serious medical need or deliberate indifference (citing Estelle)
Failure to investigate / supervisory liability Rieco: supervisors failed to report/test/investigate and were generally responsible Defendants: no personal involvement pleaded; failure to investigate not a standalone § 1983 claim Dismissed — failure-to-investigate is not actionable alone; supervisors lacked pleaded personal involvement (citing Graw; Rode)

Key Cases Cited

  • Robles v. Coughlin, 725 F.2d 12 (2d Cir. 1983) (unsanitary or contaminated food violates Eighth Amendment only if prisoner alleges a distinct, palpable injury)
  • Lindsey v. O’Connor, 327 F. App’x 319 (3d Cir. 2009) (single missed meal not a substantial deprivation under Eighth Amendment)
  • Robinson v. City of Pittsburgh, 120 F.3d 1286 (3d Cir. 1997) (temporal proximity can support causal link in retaliation claims)
  • Jalil v. Avdel Corp., 873 F.2d 701 (3d Cir. 1989) (very short temporal gap may establish causation for retaliation)
  • Krouse v. American Stabilizer Co., 126 F.3d 494 (3d Cir. 1997) (longer gap may be insufficient to show causation)
  • Marra v. Philadelphia Housing Authority, 497 F.3d 286 (3d Cir. 2007) (five-month gap can suffice where additional harassment facts are pleaded)
  • McBride v. Deer, 240 F.3d 1287 (10th Cir. 2001) (taunts and threats do not constitute Eighth Amendment violation)
  • Oltarzewski v. Ruggiero, 830 F.2d 136 (9th Cir. 1987) (vulgar language alone does not give rise to Eighth Amendment claim)
  • Smith v. Mensinger, 293 F.3d 641 (3d Cir. 2002) (disciplinary proceedings do not on their own state a § 1983 claim; retaliation and due process standards explained)
  • Jones v. North Carolina Prisoners’ Labor Union, Inc., 433 U.S. 119 (1977) (no constitutional right to prisoner grievance system)
  • Lewis v. Casey, 518 U.S. 343 (1996) (no freestanding right to law library; access-to-courts requires actual injury)
  • Peterkin v. Jeffes, 855 F.2d 1021 (3d Cir. 1988) (actual injury requirement for access-to-courts claims)
  • Estelle v. Gamble, 429 U.S. 97 (1976) (Eighth Amendment deliberate indifference standard for medical care)
  • Graw v. Fantasky, 68 F. App’x 378 (3d Cir. 2003) (failure to investigate alone is insufficient for § 1983 relief)
  • Rode v. Dellarciprete, 845 F.2d 1195 (3d Cir. 1988) (supervisory liability requires personal involvement)
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Case Details

Case Name: Dwayne Rieco v. Moran
Court Name: Court of Appeals for the Third Circuit
Date Published: Dec 1, 2015
Citations: 633 F. App'x 76; 633 Fed. Appx. 76; 633 F. Appx 76; 2015 WL 7730985; 15-2529
Docket Number: 15-2529
Court Abbreviation: 3d Cir.
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