Peterson v. Glunt, 021219 FED3, 16-3861

Docket Nº:16-3861
Opinion Judge:PER CURIAM
Party Name:LAWRENCE PETERSON, Appellant v. SUPERINTENDENT GLUNT; MS. BARBER; MS. HOOVER; IRWIN, SECURITY LIEUTENANT; K. SHEA, SECURITY LIETENANT; BYRON E. BRUMBAUGH, JR.; D. MOWREY; CORRECTIONAL OFFICER MCGARVEY
Judge Panel:Before: GREENAWAY, JR., GREENBERG, and ROTH, Circuit Judges
Case Date:February 12, 2019
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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LAWRENCE PETERSON, Appellant

v.

SUPERINTENDENT GLUNT; MS. BARBER; MS. HOOVER; IRWIN, SECURITY LIEUTENANT; K. SHEA, SECURITY LIETENANT; BYRON E. BRUMBAUGH, JR.; D. MOWREY; CORRECTIONAL OFFICER MCGARVEY

No. 16-3861

United States Court of Appeals, Third Circuit

February 12, 2019

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) December 1, 2017

On Appeal from the United States District Court for the Western District of Pennsylvania (W.D. Pa. Civil Action No. 3:16-cv-00187) District Judge: Honorable Kim R. Gibson

Before: GREENAWAY, JR., GREENBERG, and ROTH, Circuit Judges

OPINION [*]

PER CURIAM

Pro se appellant Lawrence Peterson appeals the District Court's dismissal of his amended complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B). For the reasons that follow, we will vacate the District Court's judgment and remand the case for further proceedings consistent with this opinion.

I.

Because we write primarily for the benefit of the parties, we will recite only the facts necessary for our discussion; these facts are recounted as alleged by Peterson in his amended complaint. During the time relevant to Peterson's claims, he was incarcerated at the State Correctional Institution in Houtzdale, Pennsylvania.1 Peterson was involved in a verbal altercation with a corrections officer in April 2013. The officer told Peterson that he wanted to see if Peterson could prove how tough he was. Two days later, the officer assigned Peterson a new cellmate, William Keitel, and as Keitel entered the cell, the officer told Peterson that he would see how tough Peterson was. Keitel had a history of bias toward black men and people with sexual assault convictions; Peterson is black and has a sexual assault conviction. Peterson met with a different officer in early May 2013 to report that Keitel had repeatedly threatened his life and had been assaulting him, but the officer said that Keitel was a good man and that Peterson had nothing to fear from him.

On May 10, 2013, Keitel punched Peterson in the face. Peterson met with various correctional staff in the following days about the incident but did not...

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