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Parolee Subject to Prison Rules Prior to Release

Complaints about fire code violations in a facility operated under contract with the state raised at most an issue of negligence on the part of the city where the facility was located, since the claim turned on their alleged failure to investigate his complaints and remedy the violations.

A prisoner who had been granted parole, but was still in a prison facility awaiting the execution of the grant of parole, was still subject to facility rules, and a disciplinary report issued against him was valid. (It was for not returning by curfew. The plaintiff says he was in the hospital, having had a heart attack. The court says nothing about this.)

The plaintiff failed to offer any evidence supporting his claim that the disciplinary report was retaliatory, even though it came only a few days after he filed a grievance. The grievance was directed against the facility director, not the officer, and concerned facility conditions. See: Johnson v. Rendell, 56 F.Supp.2d 547 (E.D.Pa. 1999).

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Related legal case

Johnson v. Rendell