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BROWN v. CROAK

No. 01-1207.

312 F.3d 109 (2002)

Samuel E. BROWN, Appellant v. Paul CROAK, Food Service Manager II; Donald Sharpp, Food Service Manager I; Mr. Ballock, CFSS; Mr. Dross, CFSS; John McCullough, Superintendent, SCI Houtzdale; William E. Speck, Deputy Superintendent for Facility Management; J. Barry Johnson, Deputy Superintendent for Central Services; Dean A. Kyler, Major; Henry A. Tatum, Major; Martin F. Horn, Secretary of the Pa. Dept. of Corrections; Melanie Tinsman, Corrections Health Care Administrator; John Doe, Physician Assistant; John Doe, Doctor; John Doe, Health Care Agency

United States Court of Appeals, Third Circuit.

Filed November 27, 2002.

Attorney(s) appearing for the Case

Bruce P. Merenstein (Argued), Nancy Winkelman, Schnader, Harrison, Segal & Lewis, LLP, Philadelphia, PA, for Appellant.

Scott A Bradley (Argued), Rodney M. Torbic, Office of the Attorney General, Pittsburgh, PA, for Appellees.

Before BECKER, Chief Judge, ROTH and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

A group of prisoners in a Pennsylvania State Correctional Institution (SCI-Houtzdale) assaulted and injured plaintiff Samuel Brown, a non-smoking prisoner, because he was using the small, single-toilet, cafeteria bathroom when they wanted to smoke. Brown contends that the prison officials' failure to enforce their "no smoking" policy adopted in 1996 caused his injuries...

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