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Home My WebLink About03-1031IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, Vo TELLY ROYSTER, Defendant ' Equity NOTICE TO DEFEND You have had a complaint filed against you in court. If you wish to defend against the claims set forth in the following pages, you must take action within 20 days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, TELLY ROYSTER, Defendant No.~ Civil Azt!vn Equity COMPLAINT AND NOW, this 7~day of March, 2003, comes the Plaintiff, Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, and avers the following in support of this Complaint: This action is brought in the Court's original jurisdiction. Plaintiff is the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill ("SCI-Camp Hill"). 3. Plaintiff is an executive agency of the Commonwealth of Pennsylvania responsible for administrating the state correctional system including the SCI-Camp Hill. 4. Defendant, Telly Royster ("Royster") is an inmate presently incarcerated at the SCI-Camp Hill under Inmate Number, EL-2245. 5. Royster has been taking hydration (water), however, since February 17, 2003, Royster has refused and continues to refuse all meals. 6. Since February 20, 2003, Royster has missed fifty-one (51) meals. Royster so far has lost approximately 13 pounds. 7. On February 20, 2003, Royster weighted 144 lbs, and on March 5, 2003, he weighed 131 pounds. 8. Royster has been evaluated by a psychiatrist, Dr. Andrew Newton, within the Department of Corrections, and Dr. Newton has determined that Royster's decision to not to eat is a conscious decision, and not from a mental illness. 9. Although Royster has had hydration (water), to Plaintiff' s knowledge, he has not had nutrition since February 17, 2003, placing the inmate at great risk for his medical health. 10. Royster initially permitted the medial staff at SCI-Camp Hill to perform diagnostic testing; since March 5, 2003, however, Royster has refuSed diagnostic testing. 11. It is the opinion of Dr. William Young that Royster is in imminent danger of the loss of life or other irreparable harm unless medical treatment, including nutrition and hydration, and possibly invasive testing, is administered on a routine basis. (See Affidavit of Dr. Young attached hereto as Exhibit A and made a part hereof). Royster may die or suffer other immediate and severe irreparable harm if medical treatment, including nutrition and hydration, is not administered to him as soon as possible. 12. It is impossible to predict the exact point at which Royster's condition may result in immediate, severe and irreparable harm; therefore, immediate medical intervention is necessary. 2 13. Permitting Royster to engage in a suicidal act by refusing nutrition and hydration will cause a significant disruption to the orderly administration of the State Correctional Institution at Camp Hill. The effects of his death would demoralize the staff and instill the belief in the inmate population that the prison administration caused and permitted Royster's death. This will lead to animosity toward the staff and undermine confidence in prison authority. WHEREFORE, based on the foregoing, the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, request that this Court to enter an Order: (a) Authorizing the Plaintiff, through medical staff, to perform involuntary administration of medical treatment, provide nutrition and hydration, and such other matters that the medical staff determine to be necessary to preserve the safety, health and life of Royster. (b) Providing such other relief as this Court deems proper. Dated: March ~, 2003 OFFICE OF GENERAL COUNSEL Respectfully submitted, Timo~h~ I. 1V~ar~ ~ Assistarit Counsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Attorney I.D. No. 27758 Attorney for Plaintiff 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVAN/A, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, · Defendant · TELLY ROYSTER, No. Civil Action Equity UNSWORN AFFIDAVIT I, William Young, M.D., state the following: I am a medical doctor licensed to practice medicine in the Commonwealth of Pennsylvania. I am a staffphysician at the State Correctional Institution at Camp Hill. I am familiar with Telly Royster, who is an inmate at the State Correctional Institution at Camp Hill under Inmate Number EL-2245. Since February 17, 2003, Royster has refused meals. As a result,Royster has lost thirteen (13) pounds, and has began to show the signs of starvation. After reviewing Royster's records, I have found that on February 20, 2003, Royster weighted 144 lbs, and on March 5, 2003, he weighted 131 lbs. Royster has been evaluated by a psychiatrist within the Department of Corrections, which determined him mentally stable. The above-mentioned behavior and weight loss places this inmate at a great risk for his medical health; specifically, infections and heart and kidney problems. It is my professional opinion that inmate Royster will be in imminent danger of the loss of life or other irreparable medical harm unless medical treatment, including nutrition and hydration, is ordered immediately. Royster may die or suffer other immediate and severe irreparable harm if medical treatment, including nutrition and hydration, is not administered to him as soon as possible. I understand that this statement, consists of 6 paragraphs, is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: State Correctional Institution at Camp Hill 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, TELLY ROYSTER, Defendant __ Civil Action Equity PROOF OF SERVICE I hereby certify that a tree and correct copy of the foregoing Unswom Affidavit of Dr. William Young was served upon the person and in the manner indicated below: Personal service by hand-delivery Telly Royster, EL-2245 SCI-Camp Hill 2500 Lisbum Road, P.O. Box 8837 Camp Hill, PA 17001-8837 TereSa Law /// Corrections Health Care Administrator SCI-Camp Hill Dated: March ,2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, Vo TELLY ROYSTER, Defendant Civil Action Equity VERIFICATION I, Teresa M. Law, am the duly appointed Administrator for Health Care at the State Correctional Institution at Camp Hill and am authorized to make this verification. I have reviewed the attached Complaint with respect to the involuntary treatmem of Telly Royster, Inmate Number EL-2245. I hereby verify that the allegations contained in the attached Complaint are true and correct to the best of my knowledge, information and belief. I make this verification subject to the penalties under 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Dated: March '~", 2003 ~;;~t?°;sLaHv~al~/C/C are Administrator SCI Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, . Defendant · Vo TELLY ROYSTER, No. Civil Action Equity PROOF OF SERVICE I-hereby certify that a true and correct copy of the foregoing Complaint was served upon the person and in the manner indicated below: Personal service by hand-delivery Telly Royster, EL-2245 SCI-Camp Hill 2500 Lisburn Road, P.O. Box 8837 Camp Hill, PA 17001-88371 TereSa Law Corrections Health Care Administrator SCI-Camp Hill Dated: March ,2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF . PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, SCI - CAMP HILL Plaintiff, Vo · No. 03-1031 Equity ~I^R 1 0 TELLY ROYSTER, Defendant. ORDER AND NOW, this l ¢ .P~ day of March 2003, based upon the request of Plaintiff to generally continue the hearing in this matter presently set for Tuesday, March 11, 2003 at 9:00 AM, the request is GRANTED. The exparte Order of March 7, 2003 is VACATED. Should the Defendant, Telly Royster, however, re-institute a hunger strike, counsel for Plaintiff is directed to promptly notify the Court if a hearing in this matter is necessary, and the hearing will be re-scheduled. BY THE COURT: J. ¢slcy Ol ri ' Distribution: Telly Royster, # EL-2245, SCI-Camp Hill Timothy I. Mark, Assistant Counsel, Pa. D.O.C. Jo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, SCI - CAMP HILL Plaintiff, TELLY ROYSTER, Defendant. No. 03-1031 Equity MOTION TO CONTINUE HEARING GENERALLY 1. On Friday, March 7, 2003, the Plaintiff sought an ex parte injunction based upon Defendant, Telly R ' oyster s # EL-2245 ("Royster"), hunger strike as more fully set forth in the documents appended in connection therewith. 2. In response thereto and as more fully set forth in the written documents, this Court issued an Order permitting involuntary medical treatment and directed a hearing in this matter for Tuesday, March 11, 2003 at 9:00 A.M. 3. After service of this Court's Orders, counsel for the Plaintiff has been advised that inmate Royster received involuntary medical treatment, and thereafter has begun to eat on his own. 4. Although it may be too soon to tell whether inmate Royster will continue to eat on his own or will revert to a hunger strike thereby requiring a future Order providing for involuntary medical treatment, it is presently believed that the hearing now set for generally. Tuesday, March 11, 2003 should be continued 5. Should inmate Royster revert to a hunger strike, the Plaintiff will file a motion requesting similar exparte relief and will then ask that the Court schedule a hearing thereon. WHEREFORE, Plaintiff respectfully requests that the hearing presently scheduled for March 11, 2003 at 9:00 A.M. be continued generally and that the appended proposed Order be entered and the Court is further requested to grant such other relief as may be necessary, just, and appropriate under the circumstances. Respectfully Submitted, Office of General Counsel Dated: March 10, 2003 By: Assis~t-Counsel Attorney I.D. No. 27758 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, Vo TELLY ROYSTER, Defendant No. 03-1031Equity PROOF OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Continue Hearing Generally was served upon the person and in the manner indicated below: _Personal service by hand-deliver~ Telly Royster, EL-2245 SCI-Camp Hill 2500 Lisburn Road, P.O. Box 8837 Camp Hill, PA 17001-88371 lan Taggart Assistant to the Superintendent SCI-Camp Hill Dated: March /o , 2003