TILLERY v. DR. RONALD PHILLIPS, 2:19-cv-05064

Plaintiff Rasheem Tillery (pro se, in forma pauperis) alleges § 1983 and state-law tort claims for deliberate indifference to serious medical needs and for assault/battery while housed at George W. Hill Correctional Facility (GWHCF).
Beginning January 2018 Tillery had rectal bleeding and severe abdominal pain (allegedly after ingesting sharp plastic); treatment at GWHCF reportedly failed to stop symptoms.
Tillery alleges Dr. Ronald Phillips (GWHCF Medical Director) delayed sending him to outside specialists for over a year to avoid outside-hospital costs, asked whether Tillery was being released or transferred, misrepresented waiting-list status, and punched Tillery during an incident over medical records.
Tillery alleges GEO (private contractor operating GWHCF) maintained a cost-saving policy that discouraged outside referrals and thereby caused the delay; he alleges Trimble (health administrator) withheld/allowed alteration of records; he filed grievances that Warden Byrnes did not act on.
Court reviewed the Second Amended Complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) and Rule 12(b)(6) standards; it dismissed claims against the named facility "George W. Hill," Warden Byrnes, and Trimble, but permitted claims to proceed against Dr. Phillips and GEO.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether "George W. Hill" (the facility) is a suable entity	Tillery named the facility as a defendant for the alleged conduct there	Facility is not a legal person subject to suit	Dismissed — correctional facility is not a suable entity
Whether Warden Byrnes is liable for failing to act on grievances	Byrnes received grievances and failed to act; that inaction perpetuated mistreatment	Merely reviewing/denying grievances and lack of direct involvement do not create liability	Dismissed — no plausible personal involvement alleged
Whether Dr. Phillips was deliberately indifferent and committed assault	Phillips delayed outside referrals for nonmedical, cost-saving reasons, prevented access to records, and physically assaulted Tillery	Medical decisions reflect judgment; disagreement or malpractice insufficient to show constitutional deliberate indifference	Allowed to proceed — allegations sufficiently plead delay for nonmedical reason and an assault claim
Whether GEO can be held liable for a cost-saving policy that caused constitutional harm	GEO had a written/unwritten policy discouraging outside referrals to save money; that policy caused the delay in care	A private contractor is not vicariously liable absent an unconstitutional policy or custom	Allowed to proceed — plaintiff alleged a sufficiently specific policy/custom causal to proceed

Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (conclusory allegations insufficient to plead a plausible claim)
Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference requires conscious disregard of substantial risk)
West v. Atkins, 487 U.S. 42 (U.S. 1988) (§ 1983 requires deprivation by person acting under color of state law)
Rouse v. Plantier, 182 F.3d 192 (3d Cir. 1999) (deliberate indifference includes delaying treatment for nonmedical reasons)
Natale v. Camden Cnty. Corr. Facility, 318 F.3d 575 (3d Cir. 2003) (private contractor liable only for constitutional violation caused by policy or custom)
McTernan v. City of York, 564 F.3d 636 (3d Cir. 2009) (plaintiff must specify the policy or custom alleged to cause the injury)
Pearson v. Prison Health Servs., 850 F.3d 526 (3d Cir. 2017) (a pattern of disinterest can support deliberate indifference)
Monmouth Cnty. Corr. Institutional Inmates v. Lanzaro, 834 F.2d 326 (3d Cir. 1987) (definition and identification of a serious medical need)