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O'ROURKE v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS

730 A.2d 1039 (1999)

William H. O'ROURKE, Petitioner, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Martin F. Horn, Commissioner, Pennsylvania Department of Corrections, David H. Larkins, Superintendent, State Correctional Institution-Dallas, Thomas Stachelek, Deputy Superintendent, State Correctional Institution at Dallas, Captain Thomas Martin, John Docknovitch, Mark Rapson, and Samuel Zambeto, Respondents.

Commonwealth Court of Pennsylvania.

Decided May 19, 1999.

Attorney(s) appearing for the Case

David P. Tomaszewski, Wilkes-Barre, for petitioner.

Raymond W. Dorian, Camp Hill, for respondents.

Before DOYLE, J., PELLEGRINI, J., and NARICK, Senior Judge.

NARICK, Senior Judge.

The issue presented is whether the Department of Corrections, Martin F. Horn, David H. Larkins, Thomas Stachelek, Thomas Martin, John Docknovitch, Mark Rapson, and Samuel Zambeto (collectively, Respondents) are entitled to summary judgment against William H. O'Rourke (Petitioner). We conclude that they are entitled to partial summary judgment.

The relevant facts are as follows. On January 21, 1997, Petitioner filed a complaint in our...

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