Kapp v. Wetzel

1 Citing case

  1. Stewart v. Cameron

    Civil Action No. 3:17-cv-0066 (W.D. Pa. Feb. 12, 2018)   Cited 2 times
    Finding allegations that defendant approved transfer order, and received direct information about the transfer, sufficient to establish defendant's personal involvement in the retaliation at the motion to dismiss stage

    Albright, 510 U.S. at 273 (quoting Graham, 490 U.S. at 395). See also Kapp v. Wetzel, 2017 WL 1927731, at *3 (W.D. Pa. May 10, 2017) (same). Therefore, Plaintiff's claims against Defendant McKeown are properly evaluated under the First Amendment, and not as a Fourteenth Amendment due process claim.