×
You have 2 more free articles available this month. Subscribe today.
Pennsylvania Prisoner’s Negligence Claim Denied
On March 19, 2008, Pennsylvania prisoner John McCool filed a medical negligence claim against the Pennsylvania DOC and various officials and employees for their improper treatment of his medical condition. The district court sua sponte dismissed his complaint on June 4, 2008 partially under the auspices of the Prison Litigation Reform Act (PLRA) for failing to state a cognizable claim. The dismissal was based on sovereign immunity and lack of notice.
On appeal, McCool argued the PLRA guidelines did not pertain to his case because he was not challenging prison conditions, and he was not pursuing his claim in forma pauperis. On July 29 2009, the appellate court filed its opinion, which was amended on October 28, 2009, affirming the district court’s dismissal on the grounds that that complaint did not state a cause of action. See: McCool v. PA. DOC, et al., PA. Commw. Ct., #l882-CD-2008, 984 A 2d. 565; 2009 PA. Commw.
On appeal, McCool argued the PLRA guidelines did not pertain to his case because he was not challenging prison conditions, and he was not pursuing his claim in forma pauperis. On July 29 2009, the appellate court filed its opinion, which was amended on October 28, 2009, affirming the district court’s dismissal on the grounds that that complaint did not state a cause of action. See: McCool v. PA. DOC, et al., PA. Commw. Ct., #l882-CD-2008, 984 A 2d. 565; 2009 PA. Commw.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
McCool v. PA. DOC
| Year | 2009 |
|---|---|
| Cite | PA. Commw. Ct., #l882-CD-2008, 984 A 2d. 565; 2009 PA. Commw. |
| Level | State Court of Appeals |
| Injunction Status | N/A |