Horan vs. Gross, et al

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
PATRICK HORAN,
Plaintiff
V.
THADDEUS GROSS, et al.,
Defendants
CIV. ACTION NO. 1 :22-CV-1166
(JUDGE MANNION)
MEMORANDUM
Presently 	before 	the 	court 	in 	this 	prisoner 	civi l 	rights 	case 	are
defendants' motions for summary judgment. For the reasons set forth below,
the motions will be granted .
I. 	PROCEDURAL HISTORY
Plaintiff, Patrick Horan, filed this case in the Cumberland County Court
of Common Pleas on June 23, 2022. (Doc. 1-1 ). Defendants removed the
case to th is district on July 27, 2022. ( Doc. 1). Upon removal , the case was
in itially assigned to 	United States District Judge Christopher C. Conner.
Following 	the 	resolution 	of multiple 	rounds 	of pleading 	and 	motions 	to
dismiss, Judge Conner allowed the case to proceed solely as to: (1) Horan's
claim that defendants Gross, Cyrus, and Wanga were deliberately indifferent
to Horan's mental health 	in 	violati on 	of the 	Eighth Amendment; and 	(2)
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Horan's claim that Gross was deliberately indifferent to a risk that Horan
would commit suicide in violation of the Eighth Amendment. (Docs. 46-4 7).
The case was reassigned to the undersigned on January 21, 2025,
following Judge Conner's retirement from the court. After the close of fact
discovery, defendant Wanga filed a motion for summary judgment on May
29, 2025, 	and defendants Gross 	and 	Cyrus filed 	a separate motion for
summary judgment on the same day. (Docs. 76, 79). Briefing on the motions
is complete, and they are ripe for resolution . (Docs. 77, 85, 91, 92-93).
II. 	STANDARD OF REVIEW
Summary judgment 	is 	appropriate "if the 	pleadings, the discovery
[including , depositions, answers to interrogatories, and admissions on file]
and disclosure materials on file, 	and any affidavits show that there is no
genuine issue as to any material fact and that the movant is entitled to
judgment as a matter of law." Fed . R. Civ. P. 56(c); see a/so Celotex Corp.
v. 	Catrett, 477 U.S. 317, 322-23 (1986); Turner v. 	Schering-Plough Corp.,
901 F.2d 335, 340 (3d Cir. 1990). A factual dispute is genuine if a reasonable
jury could find for the non-moving party, and is material if it will affect the
outcome of the trial under governing substantive law. Anderson v. Liberty
Lobby, 	Inc. , 477 	U.S. 242, 	248, 	254 	(1986); 	Aetna 	Gas. 	& Sur. 	Co. 	v.
Ericksen, 903 F. Supp. 836, 838 (M.D. Pa . 1995). At the summary judgment
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stage, 	"the 	judge's 	function 	is 	not 	himself to 	weigh 	the 	evidence 	and
determine the truth of the matter but to determine whether there is a genuine
issue for trial. " Anderson, 477 U.S . at 249; see also Marino v. Indus. Crating
Co ., 358 F.3d 241 , 247 (3d Cir. 2004) (a court may not weigh the evidence
or make 	credibility 	determinations). 	Rather, 	the 	court 	must consider 	all
evidence and inferences drawn therefrom in the light most favorable to the
non-moving party. Andreoli v. Gates, 482 F.3d 641, 647 (3d Cir. 2007).
To prevail on summary judgment, the moving party must affirmatively
identify those portions of the record which demonstrate the absence of a
genuine issue of material fact. Celotex, 477 U.S. at 323-24. The moving party
can discharge that burden by showing that "on all the essential elements of
its case on which it bears the burden of proof at trial , no reasonable jury could
find for the non-moving party ." In re Bressman, 327 F.3d 229, 238 (3d Cir.
2003); see also Celotex, 477 U.S. at 325. If the moving party meets this initial
burden , the non-moving party "must do more than simply show that there is
some metaphysical doubt as to material facts, " but must show sufficient
evidence to support a jury verdict in its favor. Boyle v. County of Allegheny,
139 F .3d 386, 393 (3d Cir. 1998) (quoting Matsushita Elec. 	Indus. 	Co . v.
Zenith Radio Corp ., 475 U.S. 574 , 586 (1986)). However, if the non-moving
party "fails to make a showing sufficient to establish the existence of an
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element essential to [the non -movant' s] case, and on which [the non-movant]
wi ll bear the burden of proof at trial ," Rule 56 mandates the entry of summary
judgment 	because 	such 	a 	fa ilure 	"necessarily 	renders 	all 	other 	facts
immateria l." Ce lotex, 477 U.S. at 322-23; Jakimas v. Hoffman-La Roche,
Inc., 485 F.3d 770, 777 (3d Cir. 2007).
Ill. 	MATERIAL FACTS 1
On March 13, 2020, Horan was seen by a psychologist at SCI-Camp
Hi ll. (Doc. 76 ,I13). Horan expressed frustration that he had been transferred
to the prison from SCI-Retreat, but he did not express any mental health
concerns. (Id.) Horan had no recorded mental health diagnosis at this time.
1 Local 	Rule 	56 .1 requires a motion for summary judgment to " be
accompanied by a separate, short and concise statement of the material
facts , in numbered paragraphs, as to which the moving party contends there
is no genuine issue to be tried " and requires that the party opposing a motion
for 	summary 	judgment 	file 	a 	statement 	responding 	to 	the 	numbered
paragraphs in the movant's statement of material facts , which "shall include
references 	to 	t he 	parts 	of 	the 	record " 	that 	support 	the 	nonmovant's
opposition to the motion. M.D. Pa . L.R . 56.1. If a non-moving party fails to
respond to a movi ng party's statement in the manner required by Local Rule
56.1 , the facts asserted in the moving party's statement are "deemed to be
adm itted. " Id. In this case, defendants have filed statements of material facts
as 	required 	by 	Local 	Rule 	56.1 , (see Docs. 78, 	86). Horan 	has filed 	a
response to defendant Gross and Cyrus's statement, (see Doc. 91 at 12-16),
but has not responded to defendant Wanga 's statement. The facts included
in 	defendant 	Wanga 's 	statement 	are 	accordingly 	deemed 	admitted 	for
purpose of resolving the motions for summary judgment. M.D. Pa. L.R. 56 .1.
The court cites directly to defendant Wanga 's statement as to any facts
included in the statement.
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(Id.) Horan met with defendant Wang a, a nurse practitioner, on March 18,
2020, to discuss the possibility of being moved to general population. (Id.
1114). Wanga recorded Horan's mental health history, which included a long
period of time in which he had not received any medication , a 2005 suicide
attempt while he was in county jail, and his self-report of two prior hunger
strikes. (Id. 1115 ). Horan did not report any current mental health concerns,
symptoms, or thoughts of self-harm. (/d. 1115). Wanga performed a full mental
status exam , ensured that Horan did not have any desire to harm himself,
verified that he did not have any mental health prescriptions, and ordered
routine follow-up counseling services to address his concerns. (Id. 1116) .
On March 18, 2020, a Psychiatric Review Team ("PRT") implemented
an 	Individual 	Recovery 	Plan 	("IRP") 	for 	Horan's 	mental 	healthcare 	in
accordance with SCI-Camp Hill policy (Id. 11115-6 , 17). The PRT verified that
Horan had no mental health diagnosis and required no medication, ensured
that he was not considering self-harm, and ordered that the psychological
staff would follow up with him at least every thirty days. (Id. 1118).
Horan's next contact with the prison 's mental health staff was on March
30 , 2020. (Id. 11 19). Horan expressed no mental health concerns, but again
expressed his frustration with being transferred to SCI-Camp Hill. (Id.) The
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staff member who spoke with Horan ordered more frequent mental health
contacts to assist Horan in coping with his housing assignment. (Id.)
Horan spoke with defendant Gross, a psychologist in the prison , on
April 	1, 	2020. 	(Id. 	,I20). 	Although 	Horan 	was 	housed 	in 	the 	prison 's
Residential Treatment Unit at the time, Gross told Horan that he was no
longer considered appropriate for placement in that unit because he did not
have a recorded mental health diagnosis and was not prescribed any mental
health medication . (Id.) Horan did not express any mental health concerns
to Gross. (Id. ,I21 ). From April 6, 2020, to May 20 , 2020, Gross continued to
see Horan regularly. (Id. 	,I22). 	Horan did not express any mental health
concerns to Gross during this period. (Id.)
On May 28, 2020, Horan met with Gross to discuss a communication
from prison staff indicating that he could not request a transfer out of SCI-
Camp Hil l for two years. (Id. ,I23). Gross offered Horan coping strategies.
(Id.) Horan responded that he would "play along for a while, " then "do his
hunger strike," and "go in front of the judge to explain what is going on. " (Id.)
He again reported no mental health concerns. (Id.)
On 	June 	3, 	2020, 	Gross evaluated 	Horan 	again . (Id. 	,I24 ). 	Horan
expressed no mental health concerns and appeared to be in a positive mood .
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(Id.) Horan told Gross that if he were a denied a transfer for long "he would
begin causing problems and litigation against the DOC." (Id.)
On July 7, 2020, Horan was assessed by non-party nurse practitioner
Bowser. (Id. ,I25). Bowser reported that Horan was active, attending yard,
reading, making COVID-19 masks for other inmates, and making efforts to
obtain an appropriate work assignment. (Id.) Horan stated his belief that a
prior prescription of psychiatric medication was a "set up" to harass him,
declined any need for psychiatric medication , and reported no mental health
concerns. 	(Id. 	,I26). Horan saw defendant Gross later that day and again
reported no mental health concerns. (Id. ,I27). Gross nonetheless ordered
continued mental health contacts by staff. (Id.)
On July 16, 2020, Horan's IRP was updated by a PRT that included
defendant Gross Bowser, and licensed psychology manager Jenkins. (Id.)
Horan reported that he had been "diagnosed with severe depression." (Id.)
The 	IRP 	was 	changed 	to 	address 	that 	concern 	by 	scheduling 	regular
psychology meetings, out-of-cell time, and access to support services. (Id.)
Horan, however, expressed no current mental health concerns. (Id.)
On July 28, 2020, Horan met with Gross, during which he was informed
by a separate prison staff member that he was going to be given a cellmate.
(Id. ,I30). Horan became highly agitated upon receiving this news and stated
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that he would rather be placed in the prison's restricted housing unit than
given a cellmate. (Id.) Gross stated that he could work with prison staff to
find a compatible cellmate, but Horan stated that this was his "line in the
sand" and that he would not accept a cellmate. (Id.)
On August 11 , 2020, Gross again met with Horan at Horan's request.
(Id. 1131 ). Horan "launched directly into his complaints" about being given a
cellmate and stated that he should not be at SCI-Camp Hill. (/d.) Gross told
Horan that he appeared psychologically capable of living with a cellmate. (Id.
1132). 	Later in the conversation , Horan stated that he "doesn't care what
happens" to him and stated that he "has an advance directive in his file." (Id.
1133). Gross interpreted these statements as threats of suicide and spoke
with 	Horan about them, 	but Horan denied any thoughts of self-harm or
suicide. (Id.) Gross told Horan that he could be referred to a psychiatrist if he
believed that medication could address his concerns . (Id.) At that point,
Gross reported that Horan "back-peddle[d]" on his mental health concerns
and stopped discussing the issue with Gross. (Id. 1134 ). 	Horan next spoke
with Gross on September 9, 2020, during which he as irritable and stated
that he did not want to speak with Gross because Gross would not "do
anything for him anyway." (/d. 1135).
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On October 6, 2020, Horan told Gross that he had Lyme Disease and
stated 	that 	he 	should 	be 	transferred 	out of the 	prison 	because 	of that
diagnosis. (Id. 1136). Gross checked Horan's medical records and did not find
any recorded diagnosis of Lyme Disease. (Id.)
On October 13, 2020, Gross met with Horan at Horan's request to
discuss a verbal altercation he had with a staff member on the previous day.
(Id. 1137). Gross counseled him on how to let go of the situation, calming
strategies 	he 	could 	use, 	and 	strategies 	he 	could 	use 	to 	avoid 	similar
situations. (Id.) Horan did not report any mental health concerns. (Id.)
On October 20, 2020, Horan met with Gross and told him that he felt
mentally stable without medication. 	(Id. 1138) . Horan discussed recurring
headaches 	and 	related 	requests 	that 	he 	had 	submitted 	to 	the 	medical
department for care. (Id.) Horan then met with a non-party nurse practitioner,
Maribeth Bucher, on October 28 , 2020, who noted that Horan reported vague
mood 	disturbances 	related 	to 	COVID-19 	lockdowns, 	but 	otherwise 	that
Horan's mental health was stable and that he was not requesting any new
medication prescriptions. (Id. 1139) .
Horan met with Gross by request on October 30 , 2020, and expressed
concerns that prison staff would revoke his Z Code-a housing classification
that 	allowed 	him 	a 	single 	cell. 	(Id. 	1140). 	Gross 	reminded 	Horan 	that
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revocation of a Z Code was generally done by security personnel and not
mental health staff, and that Horan could work with prison staff to ensure that
he was placed with a compatible cellmate. (Id. 1140) .
On November 5, 2020, Horan met with Bowser and Gross and reported
no mental health concerns. (Id. 1141 ). They instructed Horan to not rum inate
on the potential loss of his Z Code. (Id.) Horan then met with Gross again on
November 13, 2020, during which he appeared agitated and stated that he
had begun a hunger strike due to his housing situation. (Id. 1142). Horan had
a new cellmate by his next contact with Gross on December 15 , 2020, during
which Horan no t ed no mental health concerns. (Id. 1143).
On January 11 , 2021, Horan met with Gross and reported no mental
health 	concerns 	and 	a 	stable 	condition 	with 	no 	need 	for 	additional
prescriptions. (Id. 1144 ). 	Horan reported a similarly stable condition and no
mental health concerns to Gross on February 3, 2021. (Id. 1145). Gross then
met with Horan at Horan's request on February 10, 2021, to discuss Horan's
dissatisfaction with a new cellmate. (Id. 1146) . Gross explained that prison
policy required inmates who were employed in the kitchen to be housed
together. (Id.) Horan accepted this response but stated that he would 	be
"filing paperwork over this. " (Id.)
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On March 8, 2021, defendant Wanga entered a late note into Horan's
records indicating that he had met with Horan the previous week. (Id. ,I4 7) .
Wanga noted that Horan had not been prescribed any psychiatric medication
for a long time and that he was not currently prescribed any. (Id.) Wanga
further noted that Horan described situational dissatisfaction with his housing
status and the loss of his Z Code. (/d.) Wanga performed a full mental status
exam , ensured that Horan was not considering self-harm, and ordered a
routine follow-up . (Id. ,I48).
On March 18, 2021, Horan met with a PRT consisting of defendants
Gross and Wanga and nondefendant psychology manager Plotica. (/d. ,I49).
Horan did not express any mental health concerns, but complained about his
housing situation. 	(Id.) The PRT noted that Horan did not have a current
mental health diagnosis, but that continued care was necessary because a
court had previously convicted him of being guilty but mentally ill ("GBMI ") in
his state criminal proceedings. (Id.) Gross's notes from the meeting indicated
that Horan refused to discuss his mental health but stated that he was "going
to have to become aggressive" with 	his cellmate if his Z Code was not
restored . (Id.) Horan next spoke with Gross on April 9, 2021. (Id. ,I51 ). Gross
reported that Horan was in a cheerful mood , had no mental health concerns,
and appeared to be getting along well with his cellmate. (Id.)
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On May 18, 2021 , Horan met with Gross and expressed no mental
health concerns but complained about his work assignment. (Id. 1152) . Gross
noted that 	Horan 	was 	using 	positive 	coping 	skills. (Id.) Horan 	similarly
expressed 	no mental health concerns, stated that his mental health was
stable, and presented in a positive mood when he met with Gross on June
25, 2021. (Id. 1153) .
Horan met with a PRT consisting of Wanga , Gross, and several other
staff members on July 8, 2021 . (Id. 1154). Horan did not express any mental
health concerns other than stress related to his attempts to be transferred
out of SCI-Camp Hi ll and to secure privileges such as gym admittance, a
new mattress, and a work assignment. (Id.) Horan met with Gross aga in on
July 19 , 2021 , and expressed no mental health concerns but complained
about his medical, housing, and employment situations. (Id. 1155).
On August 	11 , 2021 , defendant Wanga met with Horan. 	(Id. 	1156).
Horan complained about his placement in SCI-Camp Hill and discussed the
possibility 	of 	suing 	the 	prison , but 	did 	not 	express 	any 	mental 	health
concerns 	or thoughts 	of suicide. 	(Id.) 	Wang a reviewed 	Horan's current
prescriptions, assessed his mental health status, and determined that he
was mentally stable. (Id. 1157) . Wanga ordered routine follow-up care. (/d. )
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On August 24, 2021 , Horan met with Gross and stated that he had an
upcoming court hearing during which he hoped the court would order that he
be transferred to a different prison . (Id. 1158) . Horan did not express any
mental health concerns. (Id.) Horan similarly expressed no mental health
concerns when he met with Gross on October 1, 2021, and November 2,
2021. (Id. 111159-60).
On 	November 12 , 2021 , Horan met with a PRT and expressed 	no
mental health concerns. (Id. 1161 ). Horan stated that he was dissatisfied with
his medical treatment and medication that had previously been prescribed
pursuant to his medical treatment but had been discontinued after he had
refused to take it. 	(Id.) 	Horan similarly expressed dissatisfaction with his
medical care du r ing a meeting with Gross on December 1, 2021 . (Id. 1162) .
On December 5, 2021, Horan was evaluated for the first time by Dr.
Andrew Newton , a psychiatrist in the prison. (Id. 1163). Newton recorded that
Horan had a stable mood , no suicidal or homicidal ideation , and general
complaints of full-body pain that Horan attributed to a previous COVID-19
infection. (Id.)
Horan next met with Gross on January 3, 2022. (Id. 1164 ). He expressed
frustration with his medical care, related physical therapy, work assignment,
and ce llmate, but did not express any mental health concerns. 	(Id. 1164 ).
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Horan similarly expressed no mental health concerns and displayed stable
mental health when he met with Gross on February 9, 2022. (Id. ,-{65) .
On February 24, 2022, a nurse entered a non-urgent referral for Horan
to be seen by a member of the psychology staff based on stress he was
experienci ng from a misconduct charge he received and his employment
situation. (Id. ,-{66) . Gross came to Horan's cell on February 25, 2022, and
discussed the stress Horan was experiencing. (Id. ,-{67) . Gross offered Horan
coping strategies and ensured that he did not pose a risk of suicide and that
he was not in acute mental health distress. (Id.)
On March 1, 2022, Horan spoke with Gross, and stated that SCI-Camp
Hill 	could 	not 	give 	him 	appropriate 	mental 	health 	care 	because 	of his
previous GBMI 	conviction. (Id. ,-{68) . Horan threatened 	legal action or a
hunger stri ke . (Id. ) Gross recorded that Horan had not had a mental health
diagnosis for years , was capable of caring for himself, and had not expressed
any mental health concerns during routine visits. (Id.)
On March 7, 2022 , Horan spoke with non-defendant registered nurse
Behe, and 	expressed 	his ongoing complaints about housing , work, and
alleged retaliation . (Id. ,-{69). Horan stated that he wished to be transferred
to SCI-Mahanoy because it was a "mental health facility ," but did not state
what mental health care he believed he was not receiving at SCI-Camp Hill.
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(Id.) Horan expressed passive suicidal ideation during this interaction for the
first time duri ng his incarceration at SCI-Camp Hill, and stated that he was
experiencing 	headaches, 	nightmares, 	and 	stress. 	(Id. 	,I70). 	Horan 	was
resistant to Behe's treatment suggestions and declined consideration for
medication , but accepted a referral to the psychology department. (Id. ,T71 ).
Per Behe's suggestion, a PRT consisting of Wanga and other officials
met with Horan on March 10, 2022. (Id. ,T72). Horan threatened legal action,
but offered "little to no input" as to what treatment he was being denied. (Id.
,T73). The PRT noted that Horan expressed no mental health concerns and
according ly made no adjustment to his treatment plan. (Id.)
On April 18, 2022 , Horan met with Gross and expressed frustration
with his requests to be transferred to another prison but stated that he had
no mental health concerns. (Id. ,I74 ). Horan next met with Gross on May 16,
2022, during which he discussed ongoing issues with his cellmate but denied
that he had any su icidal ideations. (Id. ,I75).
On June 15, 2022 , Horan met with Behe, who asked him about the
perceived lack of mental health treatment. (Id. ,T76) . Horan told Behe that the
denial of a sing le cell made him feel "disrespected ." (Id.) Behe noted that
Horan expressed no suicidal ideations, but that he said he "would rather die
than be in this j ail. " (Id. ,T77). Behe conducted a full assessment of Horan's
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mental health , noting that he was irritable but that he was not delusional or
suicidal and presented within normal mental limits. (Id. 1178) . Behe recorded
that Horan was "min imally receptive" to her encouragement to use coping
skills and recorded that he was not interested in medication. (Id. 1179).
Horan 	filed 	his 	complaint 	in 	this 	case 	on 	June 	23, 	2022, 	in 	the
Cumberland County Court of Common Pleas. (Id. 1180) . On July 14 , 2022,
Horan was assessed for possible placement in the diversionary treatment
unit, a housing unit dedicated to mental health treatment. 	(Id. 1181 ). 	The
member of the psychological staff who assessed him noted that he did not
pose a suicide risk, had no suicidal ideations, presented no mental health
complaints, 	had 	no 	symptoms 	of 	psychosis , 	depression, 	anxiety, 	or
aggression , and was not prescribed any psychiatric medication . (Id.) Horan
reported that he "cut his wrist in April 2020 ," but the staff member noted that
he had not sought any medical care for the injury. (Id. 1182) . The staff member
placed Horan in the DTU and ordered daily contact with psychological staff,
out-of-cell therapy every fourteen days, various group therapy opportunities,
and weekly meetings with a Program Review Committee ("PRC"). (Id. 1183).
The next day, Horan was seen by a PRT consisti ng of Wanga and
other individuals. 	(Id. 	1184 ). The PRT noted that Horan did not have any
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psychiatric diagnosis or prescription, but updated his safety plan in light of
his reports of previous self-harm. (Id.)
Horan attended the majority of group therapy sessions available to him
in Ju ly 2022, and was recorded 	as being active and attentive during the
sessions. (/d. ,I85). Horan saw Gross again on August 1, 2022, and reported
auditory hallucinations for the first time. (Id. ,I86). Gross attempted to discuss
the hallucinations with 	Horan, 	but Horan turned the 	conversation to 	an
unfavorable grievance response he had recently received . (Id. ,I87). Horan
then expressed no mental health concerns to a different psychological staff
member later that day. (Id. ,I88).
On August 8, 2022, a member of the psychological staff met with Horan
and 	recorded that he had 	no 	mental health symptoms and was instead
concerned with his housing status. (Id. ,I89). The staff member asked Horan
what 	he wanted from the psychology department and 	Horan stated 	"do
whatever you can to get my transfer" but did not describe any additional
mental health treatment he needed . (Id. ,I90). Horan similarly expressed no
mental health concerns when meeting with a psychological staff member on
August 29 , 2022, but requested that the staff member hand deliver a request
to the prison's property officer. (Id. ,I91 ).
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On August 31 , 2022, Horan met with psychological staff and spent
"little time talking about mental health. " (/d. 1192). Horan's complaints focused
on his housing status, but he mentioned that he had cut his wrist in April 2020
and 	hid 	it 	from 	staff members 	by 	bandaging 	himself and 	wearing 	long
sleeves. 	(Id.) Horan was offered six sessions of group therapy in August
2022, but declined to attend any of them. (Id. 1193).
On September 2, 2022 , registered nurse Lisa Revel li spoke with Horan
at his request. (Id. 1194 ). Revelli noted that he had no mental health diagnosis
or prescription and that his focus during the discussion was on 	property
disputes. (Id.) Revelli talked with Horan about his continued refusal to attend
group 	therapy 	and 	recreational 	activities, 	and 	Horan 	stated 	that 	these
opportunities were "not productive" for him. (Id.) Revelli noted that Horan
persisted in "ch ronic manipulative and entitled behavior. " (Id.) Revelli also
noted that she had reviewed his criminal records and that his GBMI status
had been revoked by a state court judge when he changed his plea to no
contest in a 2014 hearing . (Id. 1195). Pennsylvania state court records confirm
this action . See, e.g ., Commonwealth v. Horan , 284 A.3d 898, No. 2363 EDA
2021 , 2022 WL 3149326, at *1 (Pa. Super. Ct. Aug. 8, 2022). Horan was
seen by psychology staff again on September 23 , 2022, who noted that he
denied 	any 	mental 	health 	concerns 	and 	declined 	an 	individual 	therapy
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session. (Doc. 	78 ,J96) . The staff member who conducted the interview
informed Horan that he would 	be transferred to another prison soon and
noted that Horan "seemed to be pleased by this." (Id.)
Horan was transferred to SCI-Huntingdon 	in 	September 2022 . (Id.
,J97). Horan expressed no mental health concerns during his intake at SCI-
Huntingdon, 	but 	reported 	that 	he 	had 	a GBMI 	status 	and 	that 	he 	had
previously attempted suicide. (Id.) On October 4, 2022, Horan was seen by
a registered nurse and reported no mental health concerns and admitted that
he was not presently in GBMI status. 	(Id. 	,J98) . The nurse indicated that
Horan's mental health designation would be downgraded given the absence
of 	mental 	health 	concerns 	or 	GBMI 	status. 	(Id.) 	Horan's 	status 	was
downgraded , and after several visits in the ensuing months during which he
expressed no mental health concerns, showed stable mood , and showed no
need for medication or individual therapy, he was removed from the active
mental health roster at SCI-Huntingdon in November 2022. (Id. ,J,J99-100).
IV. 	DISCUSSION
Plaintiff's claims are filed pursuant to 42 U.S.C. §1983. Section 1983
authorizes redress 	for violations 	of constitutional 	rights 	and 	provides 	in
relevant part:
Every 	person 	who , 	under 	color 	of 	any 	statute, 	ordinance,
regulation , custom, 	or usage, of any State 	or Territory 	. . .
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subjects, or causes to be subjected , any citizen of the United
States 	or 	other 	person 	within 	the 	jurisdiction 	thereof to 	the
deprivation of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured in an
action 	at 	law, 	suit 	in equity, or other proper proceeding 	for
redress . . . .
42 U.S.C. §1983. Thus, to establish a successful claim under Section 1983,
a plaintiff must demonstrate that the challenged conduct was comm itted by
a person acti ng under color of state law and deprived the plaintiff of rights,
privileges, or immunities secured by the Constitution or laws of the United
States. 	Lake v. Arnold, 112 F.3d 	682, 689 (3d Cir. 1997). By its terms,
Section 1983 does not create a substantive right, but merely provides a
method 	for 	vindicating 	federal 	rights 	conferred 	by 	the 	United 	States
Constitution and the federal statutes that it describes. Baker v. 	McCollan,
443 U.S. 137 (1979).
Horan's claims allege delibe~ate indifference to a serious medical need
and deliberate indifference to 	a risk of suicide 	in 	violation of the Eighth
Amendment. To succeed on his deliberate indifference to a serious medical
need claim, Horan must show "(i) a serious medical need, and (ii) acts or
omissions 	by 	prison 	officials that 	indicate deliberate 	indifference to that
need ." Natale v. Camden Cnty. 	Corr. 	Facility, 318 F.3d 575, 582 (3d Cir.
2003) (citing Rouse v. Plantier, 182 F.3d 192, 197 (3d Cir. 1999)). A serious
medical need is "one that has been diagnosed by a physician as requiring
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treatment or one that is so obvious that a lay person would recognize the
necessity 	for 	a 	doctor's 	attention." 	Monmouth 	Cnty. 	Corr. 	Institutional
Inmates v. Lanzaro, 834 F.2d 326, 347 (3d Cir. 1987). A prison official acts
with deliberate indifference when he "knows of and disregards an excessive
risk to inmate health or safety; the official must both be aware of facts from
which the inference could be drawn that a substantial risk of serious harm
exists, and he must also draw the inference." Farmer v. Brennan, 511 U.S.
825, 837 (1994 ). "A plaintiff's mere disagreement as to the proper medical
treatment" 	is 	not 	sufficient 	to 	support 	a 	deliberate 	indifference 	claim.
Lanzaro, 834 F.2d at 346.
To succeed on his deliberate indifference to a risk of suicide claim,
Horan must show (1) that he had a particular vulnerability to suicide, meaning
that there was a strong likelihood he would attempt suicide rather than a
mere 	possibility; 	(2) that defendant knew or should 	have 	known 	of his
particular vulnerability to suicide; and (3) that defendant acted with reckless
or deliberate indifference to his vulnerability to suicide. Palakovic v. Wetzel,
854 F.3d 209, 223-24 (3d Cir. 2017). Knowledge of a plaintiff's particular
vulnerability 	to 	suicide 	may 	be 	shown 	by, 	for 	example, 	evidence 	that
defendant knew that plaintiff had a history of suicide attempts. Id. at 222-23.
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Here, the record before the court plainly shows that defendants are
entitled 	to 	summary 	judgment. 	Defendant 	Wanga 's 	uncontroverted
statement of material facts shows that Horan received extensive mental
health treatment throughout his incarceration in SCI-Camp Hill , despite his
repeated 	indications 	that 	he 	had 	no 	mental 	health 	concerns, and 	that
defendants 	responded 	appropriately 	to 	any 	perceived 	risks 	of 	suicidal
behavior. Horan has not produced any evidence to controvert these facts
and instead simply relies on the unsupported allegations in his complaint. 2
(See generally Doc. 91 ). This is plainly insufficient to create a genuine issue
of material fact at the summary judgment stage. See Berckeley Inv. 	Grp .,
Ltd. 	v. Colkitt, 455 F.3d 195, 201 	(3d Cir. 2006) ("[S]ummary judgment is
essentially 'put up or shut up ' time for the non-moving party: the non-moving
party must rebut the motion with facts in the record and cannot rest solely on
assertions made 	in 	the pleadings, legal 	memoranda, or oral argument."
(citing Jersey Cent. Power& Light Co . v. Lacey Twp ., 772 F.2d 1103 (3d Cir.
1985))). The court will according ly grant both motions for summary judgment
because the uncontroverted factual record shows that there is no genuine
2 As 	noted 	above, Horan 	has 	responded 	to 	defendant Gross 	and
Cyrus's statement of material facts, 	but has ignored defendant Wanga's
statement.
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dispute of material fact and that defendants are entitled to judgment as a
matter of law. 3
V. 	CONCLUSION
For the fo regoing reasons, the court will grant defendants' motions for
summary judgment and close this case . An appropriate order shall issue.
ala 	hy E. Mannion
Unite 	States District Judge
Dated: 	t(,(2.t;,
2 2-11 66-01
3 Defendants Gross and Cyrus have additionally argued that they are
entitled 	to 	summary 	judgment 	because 	Horan 	failed 	to 	exhaust
adm inistrative remedies. The court does not reach this argument because it
concludes that summary judgment is warranted on the merits of Horan 's
claims.
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