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DEHART v. HORN

No. 99-3072.

227 F.3d 47 (2000)

Robert Perry DEHART Appellant v. Martin HORN, Commissioner of Corrections; James S. Price, Superintendent of SCI Greene; United States of America.

United States Court of Appeals, Third Circuit.

Reargued May 24, 2000.

Filed: September 8, 2000.

Attorney(s) appearing for the Case

Edward A. Olds (Argued), Pittsburgh, PA, for Appellant.

J. Bart DeLone (Argued), Office of Attorney General of Pennsylvania, Harrisburg, PA, Rodney M. Torbic, Office of Attorney General of Pennsylvania, Pittsburgh, PA, for Appellees.

Before: BECKER, Chief Judge, SLOVITER, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, BARRY, FUENTES, and STAPLETON, Circuit Judges.

Reargued En Banc May 24, 2000.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Plaintiff-Appellant, Robert P. DeHart ("DeHart"), an inmate at the Pennsylvania State Correctional Institute ("SCI") at Greene, commenced this civil rights action against Martin Horn, Commissioner of the Department of Corrections of Pennsylvania, and James Price, Superintendent of SCI at Greene (collectively "the prison" or "prison officials"), as a result of their failure...

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