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GALLAGHER v. COM. OF PA., BUR. OF CORR.

No. 60 T.D. 1987.

118 Pa.Commw. 516 (1988)

545 A.2d 981

Jay Gallagher, Appellant v. Commonwealth of Pennsylvania, Bureau of Correction et al., Appellees.

Commonwealth Court of Pennsylvania.

August 12, 1988.

Attorney(s) appearing for the Case

Jeffrey W. Stover, Novak, Stover & McCarty, for appellant.

Gregory R. Neuhauser, Senior Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for appellees.

Argued April 20, 1988, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, McGINLEY and SMITH.

OPINION BY JUDGE BARRY, August 12, 1988:

Jay Gallagher appeals from an order of the Court of Common Pleas of Centre County which granted a motion for summary judgment filed by the Commonwealth's Bureau of Correction and the State Correctional Institution at Rockview (SCIR) and dismissed appellant's complaint.

Appellant is incarcerated at the SCIR. At the time in question, he shared a cell with another inmate. The cell had bunk beds, appellant occupying the...

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