Plaintiff Gerald Funk filed a civil rights action alleging violations of his First and Eighth Amendment rights, as well as various state law claims. The alleged incidents took place while incarcerated at State Correctional Institution at Houtzdale and State Correctional Institution at Coal Township. Defendants filed two separate motions to dismiss the complaint. On March 31, 2011, the Court issued a memorandum resolving both motions to dismiss. The Court granted one motion to dismiss in its entirety. The Court granted the second motion to dismiss in part and denied it in part.