Plaintiff manual hernandez

App'x 61, 63 3d Cir. In general, an actual injury occurs when a prisoner demonstrates that a "nonfrivolous" and "arguable" claim was lost because of the denial of access to the courts. Christopher v. Harbury , U. Furthermore, the right to access the courts may be satisfied if the plaintiff has an attorney. Diaz , F. App'x at 63 citing Bounds v. Smith , U. Jeffes , F.

City of Phila. App'x , n. Here, Hernandez has alleged that he was deprived of legal materials but he does not describe any injury suffered as a result. Furthermore, if Hernandez has counsel to pursue his claims in state court, his right to access the courts is satisfied for purposes of that proceeding, even if the loss of his legal materials is unfortunate. The Court will thus dismiss Hernandez's First Amendment claim.

Hernandez also has not stated a claim under the Fourth Amendment. Palmer , U. Delie , F. Accordingly, the events described by Hernandez do not give rise to a Fourth Amendment claim. See Kinard v. Bakos , F. The destruction of Hernandez's legal materials also does not provide a basis for a claim under the Eighth Amendment. Conditions of confinement violate the Eighth Amendment's prohibition on cruel and unusual punishment if they satisfy two criteria. First, the conditions "must be, objectively, sufficiently serious" such that a "prison official's act or omission.

Brennan , U. Second, the official responsible for the challenged conditions must exhibit a "sufficiently culpable state of mind," which "[i]n prison-conditions cases. While the Court does not condone the intentional destruction of an inmate's property, the destruction of property does not equate to a sufficiently serious deprivation that would give rise to a claim under the Eighth Amendment.

See Payne v. Duncan , No. App'x 3d Cir. Folino , No. The Ninth Amendment states that "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The Court is not aware of any authority that would provide a basis for a claim under the Ninth Amendment for the destruction of an inmate's personal or legal property.

Indeed, courts have generally rejected Ninth Amendment claims raised by prisoners based on complaints about prison conditions. Murray v. Bledsoe , F. Colorado State Hosp. Goord , No. July 11, collecting cases. Accordingly, the Court will dismiss Hernandez's Ninth Amendment claims. The Court understands Hernandez to be pursuing a due process claim under the Fourteenth Amendment based on the destruction of his legal property. However, there is no basis for a due process claim because Pennsylvania law provides Hernandez with an adequate state remedy.

See Spencer v. Bush , F. Coelho , F. Accordingly, Hernandez has not stated a basis for a due process claim. For the foregoing reasons, the Court will dismiss Hernandez's Complaint for failure to state a claim, pursuant to 28 U. In light of Hernandez's pro se status, the Court will give Hernandez an opportunity to file an amended complaint in the event he can state a plausible basis for a constitutional claim.

As Hernandez has not yet stated a claim, his request for an attorney is denied at this time. See Tabron v. Grace , 6 F. An appropriate Order follows. Listed below are the cases that are cited in this Featured Case.

Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case. Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case. View Case Cited Cases. September 26, FootNotes 1. Accordingly, the Court will direct the Clerk of Court to change the spelling in the caption.

Your Name. Search for this case: Hernandez v. Represented By: Sean A. Subscribe Now. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law. US State Law. Other Databases. Marketing Solutions.

Malley, Sean. Ordered by Magistrate Judge Robert M. Marino, Janine. Samuel, Michael. Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Bowens, Priscilla. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent.

You may withhold your consent without adverse substantive consequences.