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HomeMy WebLinkAbout03-1560IN THE CoUI{T OF .COMMON PLEAS FOR CUMBERLAND COUNT~ PENNSYLVANIA CIVIL ACTION LAW PETITION FOR HABEAS CORPUS AD SUBJIClENDUM FOR PRISON CONDITIONS LITIGATION COMMONWEALTH OF PENNSYLVANIA ! PRESIDENT JUDGE EX-EEL. ALFONSO PERCY PEW ) HON. GEORGE E. HOFFER RELATOR V. ! MISCELLANEOUS DOCKET CENTRAL OFFICE DEPARTMENT OF ) HABEAS CORPUS CORRECTIONS RELIGIOUS ACCOMMOD) -ATIONS BOARD FOR SPECIAL NEEDS) REVEREND JOAN TORMA, BUREAU INMATE SERVICES, CENTRAL OFFICE DEPT. CORR. GRIEVANCE REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF ! ! ! THE DEPARTMENT O__F CORRECTIONS PETITION TO PROCEED IN FORMA PAUPERIS WITH VERIFIED STATEMENT OF ACCOUNT ALFONSO PERCY PEW VS. CENTRAL OFFICE DEPARTMENT OF CORRECTIONS Alfonso Percy Pew states under penalties provided by 18 Pa.C.S §4909 (unsworn falsification to authorities) that: 1. I am the Alfonso Percy Pew plaintiff/petitioner/relator in the above action and because of my financial condition am unable to pay the following fees and cost: The complete or partial filing fee's to process this action for Habeas Of Subjiciendum For Prison Conditions Litigation. 2. My responses to the questions below relating to my ability to pay the fee's and cost of prosecuting this action are true and correct. (a) Are you presently employed? NO I am a prisoner a ward of the state whom at present does not even have a prison job. I have not had a prison job for over 1 year. The wages were no more then 17 to 19 cents a hour for 6 hours. (b) Have you received within the past twelve months .any income from business, profession or other form of self-employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments or other source? No I am a ward of the state. I cannot o~n a business nor do I have one. Other than gifts from family to buy basic prison necessities as toiletry items cosmetics from commissary with eatable items I do not have any other form of income. (c) Do you own any cash or checking or savings accounts? MO had a savings account that was closed out at dwelling house bank over a year ago which never had more than the 255 it cost to open it. (d) Do you have any real estate, stocks, bonds, notes, automobiles, or other valuable property excluding ordinary housing furniture and clothing? No ! have none of these things? (e) List the persons, ~f any.who are dependent upon you for support and state your relationship to those persons. Other than needing the l~ttle funds ! get to survive in prison with bills I have no children, wife or no one else dependent upon me. (f) List all your debts and obligations. ! have a life sentence without a lawyer that makes me a pro'se litigant ~n the criminal justice system, I have prison related bills for law work research, case copying and investigation. I have the legal mat1 and general regular mail postage charges outside of the state ten free envelopes. I have bills for phone call communication with family, friends and society. I have bills for commissary, where I need to purchase cosmetics, toiletry items and alternative food. I have state sick call hospital bills. I have other bills that just result as being a prisoner and having to pay for everything in prison terms you need in here. I understand that a false statement or.answer to any question in the verified statement will subject me to the penalties provided by law (misdemeanor of the second degree). P.O. Box. 99901 Pittsburgh, Pa. 15233 Commonwealth o~-Pen ~.~ylva ni~ Department of Correct~o-6n~ Form DC-135A ...lJ~a~.T~'S REQUEST TO STAFF MEME~.F-I~---~r~~ ", /') ~"'~,~ V J '/ INSTRUCTIONS ~ ° - '[' "' ~..~ L ? ~, ~-'~,mplete items number 1-8. If you follow instructions in ~ ./,/',-,",~ 1'''-) '~' [ ~,T~e~paring your request, it can be responded to more ."'------"'"'~,.. ~-- I p, omptly and intellig,ently. 1.~.' (Name an~T~of~Officer.)/ ~~ate: ~ ~ ~~:~ 5. U~,~.anager's Nape/ ~ --~'"~'~ ¥~lnmate Signature- ~.~.,~ ~ 6. Wq~A~signm~ 7. ~gAs~_~_ment.. 8. Subject: State Give To DC-14 CAR only [] Staff Member Name Print I To DC-14 CAR and DC-15 IRS [] / 4- Date Revised July 2000 " " IN THE'coURT' OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW PETITION FOR HABEAS CORPUS AD SUBJIClENDUM FOR PRISON CONDITIONS LITIGATION COMMONWEALTH OF PENNSYLVANIA ! PRESIDENT JUDGE EX-EEL. ALFONSO PERCY PEW ) HON. GEORGE E. HOFFER RELATOR V. ! MISCELLANEOUS DOCKET CENTRAL OFFICE DEPARTMENT OF ! HABEAS CORPUS CORRECTIONS RELIGIOUS ACCOMMOD) -ATIONS BOARD FOR SPECIAL NEEDS) REVEREND JOAN TORMA, BUREAU INMATE SERVICES, CENTRAL OFFICE DEPT. CORR. GRIEVANCE REVIEW BOARD ~ CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF ! ! ! THE DEPARTMENT OF CORRECTIONS PETITION TO PROCEED IN FORMA PAUPERIS WITH VERIFIED STATEMENT OF ACCOUNT ALFONSO PERCY PEW VS. CENTRAL OFFICE DEPARTMENT OF CORRECTIONS Alfonso Percy Pew states under penalties provided by 18 Pa.C.S ~4909 (unsworn falsification to authorities) that: 1. I am the Alfonso Percy Pew plaintiff/petitioner/relator in the above action and because of my financial condition am unable to pay the following fees and cost: The complete or partial filing fee's to process this action for Habeas Of Subjiciendum For Prison Conditions Litigation. 2. My responses to the questions below relating to my ability to pay the fee's ,and cost of prosecuting th~s action are true and correct. (a) Are you presently employed? NO I am a prisoner a ward of the state whom at present does not even have a prison job. I have not had a prison job for over 1 year. The wages were no more then 17 to 19 cents a hour for 6 hours. (b) Have you received within the past twelve months .any income from business, profession or other form of self-employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments or other source? No I am a ward of the state. I cannot own a bus,ness nor do I have one. Other than g~fts from family to buy basic prison necessities as toiletry ~tems cosmetics from commissary with eatable ~tems I do not have any other form of ~ncome. (c) Do you own any cash or checking or savings accounts? NO I had a savings account that was closed out at dwelling house bank over a year ago which never had more than the 255 it cost to open it. (d) Do you have any real estate, stocks, bonds, notes, automobiles, or other valuable property excluding ordinary housing furniture and clothing? No I have none of these things? (e) L~st the persons, ~f any who are dependent upon you for support and state your relationship to those persons. Other than needing the little funds I get to survive in' prison w~th bills I have no children, wife or no one -else dependent upon me. (f) List all your debts and obligations. I have a life sentence W~thout a lawyer that makes me a pro'se litigant in the criminal justice system, I have prison related bills for law work research, case copying and investigation. I have the legal mail and general regular mail postage charges outside of the state, ten free envelopes. I have b~lls for phone call communication w~th family, friends and soq~ty. I have bills for comm~ssary~ where I need to purchase cosmetics, toiletry ~tems and alternative food. I have state s~ck call hospital bills. I have other bills that just result as being a prisoner and having to pay for everything in prison terms you need in here. I understand that a false statement or answer to any question in the verified statement will subject me to the penalties provided by law (misdemeanor of the second degree). ~Snso P\ercy Pew '~_3 Number: B~27263 Date: P.O. Box. 99901 P~ttsbur~h, Pa. 15233 PARTIES INVOLVED Alfonso Percy Pew, Pro'se Petitioner/Relator VS. Central 0ff~ce Department Of Corrections Religious Accommodations Board For Special Needs Reverend Joanne Torma Defendant/Respondent Bureau 0 f Inmate Services Central Office Department Of Corrections Dave Roberts Defendant/Respondent Central Office Department Of Corrections Grievance Final Review Board, Ms. T'shanna Kyler Defendant/Respondent Central Office Department Of Correction Secretary And Deputies Thomas A. Fulcomer, William J. Love, ~ And Jeffrey A. Beard Defendant/Respondent Pittsburgh State Prison Warden And Chaplain Phillip L. Johnson, Mechling And William Terza Defendant/Respondent WITNESSES FOR PETITIONERS HABEAS CORPUS AD TESTIFICANDUM ON PRISON CONDITIONS LITIGATION 1. Full eighteen members of Pennsylvania State Congressional Black Caucus. 2. Spiritual Adviser Min Nikhek of the Ausar Auset Society. 3. Spiritual Advise~ And Dr. Muata Abbaya Ashby of the University Of Miami and Director of Sema Institute Temple Of Auset. 4. Professor Yumy Thos. Odom spiritual Adviser and Founder of The Frator Order Of Heru Inc. 5. Mr. N'Namdi A. Sikumbuzo a representative of Petitioners membership into a federal I.R.S tax exempt Organization. PROCEDURAL HISTORY Petitioner is a prisoner of the Commonwealth Of Pennsylvania. In 1.991 at 18 years old he was charged and convicted of a 2nd Degree Accomplice Liability Conspi. racy to a felony that resulted into a homicide. In 1992 petitioner was formally sentence to natural life in prison. Petitioner had no prior adult record and still maintains his innocents in the involvement of the criminal conviction. This matter now before the Court arises out of his placement designation in 1998 by the Central Office Department of Corrections to confine petitioner within side the Western Penitentiary (S.C.I.-Pittsburgh. ISSUES 1. The relator avers in this petitions complaint that since 1998 to date 2003 petitioner has spent the last 5 years being denied the right to practice his religion. 2. Therelator religious belief is of African origin and goes back tO ancient egypt civilization in which all adherents are subjected to Kosher Food Laws. 3. Th~ relator's tenets are the progenitor of Mystical Jewish Cabala (Kabbalist) whom follow Kosher Dietary Laws. 4. The Department of Corrections Of Pennsylvania at Central Office have failed to acknowledge the existence of African Jews in Ethiopia called Falasha's as well as in Yemen whom of all migrated out of ancient Egypt. 5. The relator is a follower of Shetaut Neter (Metu Neter) also known as the Ausarian Complex of Ausar Auset Heru or popularly in Greek the Cult of Isis Osirus and Horus. 5. The relator submitted this information to the Defendant/Respondents on a Department Of Corrections Religious Special Needs Accommodations Form Request. 6. Reiator's said above request were made by him and his Spiritual Advisers Min N~khek, Dr. Muata Abhaya Ashby, and N'Namdi A. Sfkumbuzo with support from the Pennsylvania State Legislative Black Caucus. 7. Relator wrote~and received letters from the State Attorney General and ellected Govenor's Office directing Central Office Department Of Corrections to take actions. 8. Relator has exhausted all of hfs state institutional administrative grievance complaint appeals in which Central Office has failed to even answer the final review. 8. Relator a 30 year old African born in America suffers from Chronic Care Hypertension and Severe Elevated Blood Pressure. 9. Relator's disease is directly related to his dietary needs prescribed by his religious belief. 10. Relator's religious book The Pert Em Hru (The Book Of Coming Forth By Day) known to the world as the Book Of The Dead forbids him from eating flesh including meats of chicken, fish or egg nor consumption of turky nor drinking of milk and cheese is forbidden. 11. Relator avers that officials at the S.C.I. Pittsburgh State Prison were made aware of all the above dietary restrictions based on petitioners religion and it was ~documented within petitioners Medical Records local and Faxed to Central Office to all Defendant/Respondent. ]2. The relator is under imminent danger of lost of life because his disease threatens to cause lung damage, kidney failUre, stroke or heart attack. 13. The relator avers that the absence of the prescribed HOmeopathic approach to his d~et based upon religious belief puts him at risk for collapse and destruction of h~s vital organs. 14, The relator's only request was that the Central Office Department Of Corrections Religious Accommodations Review Committee provide h~m with the Kosher Diet Bag as mandated by the 3rd Circuit Federal Court Of Appeals in the case of Johnson v. Horn Dept. Of Corr.. 15. The relator avers that the Defendant/Respondents provide the Kosher bag to Orthodox Jews but not petitioner. 16. The relator avers that the Kosher Bag consist of Raw Fresh Fruits and Vegetables,~ Nutritional Cereal Bars, Pretzels and Ensure Supplement. 17. Relator avers that such Kosher d~et addresses his r.estriction from flesh, meat, eggs, cheese, and m~lk. 18. Relator avers as well that his religion forbids h~m from eating at particular times. He must follow eating only breakfast at sun rise, lunch at noon but dinner must be between hour 1-3pm..of which, only the Kosher Bag addresses. 19. The relator avers that while the prison has a alternative diet line ~t does not address his religious needs because there is no substitute for eggs, cheese, nor milk and at breakfast there is no alternative line period. As well it does not accommodate the t~me relator must eat like the kosher Bag does. 20. ThC relator avers that the Defendant/Respondents are discriminating against him based on Religion, Culture, Nationalist Origin, Ethnlcity/Race. CONSTITUTIONAL VIOLATIONS The complaint of the relator argues that the actions of Defendant/Respondents are ~n v~olat~on of both State and Federal Law. Relator avers the these acts violate h~s rights under the United States Constitutional Amendments as well~ as the b~ll of r~ghts ~n corporated ~ns~de Pennsylvania's State' Constitutional Amendments. The petitioner seeks to be free of unconstitutional restraints against h~s 1st Amendments Right to Practice His Religion, the 14 Amendments Due Process And Equal Protection Under The Law Clause, as well as the protect~onal safeguards of the 8th Amendment R~ght restraining the use of Cruel And Unusual Punishment. RELIEF 1. Prospective Relief directing Defendant/Respondents to provide Kosher Diet Bag as described in Johnson v. Horn, to the petitioner/relator. 2. Perminent Injunction directing that Defendant/Respondents provide Kosher Diet Bag as long as petitioner/relator is a prisoner under the Commonwealth Department Of Corrections Of Pennsylvania. 3. Petitioner/Relator refund for cost and litigation of suit all expenses including filing, research, mail emotional and psychological stress. 4. Damages Monetary Reward for physical and psychological pain over the pass 5 years that continue until the matter is resolved before this Court. Wherefore petitioner/relator honorable court issue subjiciendum forthwith. Alfonso BT-7263 P.O. Bo~ Pittsbu :. 9.;990-1 'gh,? Pa. 15233 / respectfully prays that this sa~d writ for habeas corpus ad IN THE C~RT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW PETITION FOR WRIT OF HABEAS CORPUS AD SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION COMMONNEALTH OF PENNSYLVANIA EX-REL. ALFONSO PERCY PEW RELATOR V. CENTRAL OFFICE DEPARTMENT OF CORRECTIONS RELIGIOUS ACCOMMODAT) -IONS BOARD FOR SPECIAL NEEDS REVEREND JOANNE TORMA, BUREAU INMATE SERVICES,. CENTRAL OFFICE DEPT. CORR. GRIEVANCE FINAL REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT OF CORRECTIONS ! ! ! ! ! ! ! PRESIDENT JUDGE HON.GEORGE E. HOFFER MISCELLANEOUSNESS DOCKET HABEAS CORPUS PETITION FOR WRIT OF HABEAS CORPUS AD SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION PROOF OF SERVICE I, ALFONSO PERCY PEW, PETITIONER/RELATOR HEREBY SWEARS, DECLARES AND CERTIFY'S THAT I CAUSED TO BE SERVED 1 ORIGINAL AND THREE COPIES OF PETITION FOR WRiT OF HABEAS CORPUS AD SUBJICIENDUM ALONG WITH ORDER, RULE TO SHOW CAUSE, DECLARATION, AND MOTION TO PROCEED INFORMA PAUPERIS WITH AFFIDAVIT IN SUPPORT UPON THE ADDRESS LISTED BELOW: PROTHONOTARY/CLERK OF COURT DENNIS LEBO COURTHOUSE CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PA. 17013-3387 L 0~S0 CE~RcY PEW NO. BT-7 P.O. BOX. 99901 ~ Pittsburgh, Pa. 15233 IN THE COURT OF COMMON PLEAS FOR COMBE~LAND COUNTY PENNSYLVANIA CIVIL ACTION LAW PETITION FOR WRIT OF HABEAS CORPUS AD SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION COMMONWEALTH OF PENNSYLVANIA I PRESIDENT JUDGE EX-EEL. ALFONSO PERCY PEW ! ROM.GEORGE E. HOFFER RELATOR v. CENTR~ OFFICE DEPARTMENT OF CORRECTIONS RELIGIOUS ACCOMMODAT) -IONS BOARD FOR SPECIAL NEEDS REVEREND JOANNE TORMA, BUREAU INMATE SERVICES, CENTRAL OFFICE DEPT. COER. GRIEVANCE FINAL REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT OF CORRECTIONS ! ! ! ! ! ! ! ! MISCELLANEOUSNESS DOCKET HABEAS CORPUS PETITION FOR WRIT OF HABEAS CORPUS AD SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION JURISDICTION This petition is submitted pursuant to the Enactment of Title 42, Judiciary Procedure, of the Pennsylvania Consolidated Statues, as enacted by Act 1976, July 9, P.L. 586, No. 142, Generally effective 60 days from the date of .final enactment of Act 1978, April 28, P.L. 202, No. 53 (June 27, 1978) This petition is brought pursuant to Habeas Corpus Relief Sub Sections 6501, 6502, 6503, 6504, 6505 and the Pennsylvania Constitutional A~ticles 1, Sub Section 14. The petitioner invokes rights guaranteed pursuant to both the Un~ted States Of America ConStitutional Amendments and the Commonwealth State Of Pennsylvania Constitutional Amendments. The petitioner boldly argues the Right To Practice His Religious Belief and The Right To Be Free From Cruel And Unusual Punishment. The petitioners challenges violations of administrative policies that deny him due process and equal protection guaranteed under Pennsylvania Law. The petitioners seeks substantive relief from Department Of Corrections actions that prejudice him for his religion. Further §6501 provides "the privilege' of the habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it. IN THE COURT OF COFfMON PLEAs FOR CUMq3ERLAND COUNTY PENNSYI~VANIA CIVIL ACTION LAW PETITION FOR WRIT OF HABEAS CORPUS AD SUBJICIENDUM FOR PRISON CONDITIONS~ LITIGATION COMMONWEALTH OF PENNSYLVANIA ! PRESIDENT JUDGE EX-REL. ALFONSO PERCY PEW ) HON~GEORGE E. HOFFER RELATOR -- ) V. ! MISCELLANEOUSNESS DOCKET CENTRAL OFFICE DEPARTMENT OF ! HABEAS CORPUS CORRECTIONS RELIGIOUS ACCOMMODAT) rlONS BOARD FOR SPECIAL NEEDS REVEREND JOANNE TORMA, BUREAU INMATE SERVICES, CENTRAL OFFICE DEPT. CORR.' GRIEVANCE FINAL REVIEW BOARD gENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT OF CORRECTIONS .PETITION FOR WRiT OF HABEAS CORPUS AD SUBJIClENDUM FOR PRISON CONDITIONS LITIGATION RUL__E TO SHOW CAUSE AND RETURN OF WRIT The writ or the order to show cause why the writ should not issue shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding 20 days, is allowed. The person to whom the writ or the order is directed and shall make a return certifying the true cause of' the detention/violation and except as otherwise prescribed by general rules or'by rule or order of the court, shall produce at the hearing the body of the person detained. To: Central Office Department Of Corrections 2520 Lisburn Road Camp Hill, Pa. 17001-0598 To: Superintendent Mechling BOX. 99901 Pittsburgh, Pa. 15233 ALFONSO PERCY PEW PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTRAL OFFICE DEPARTMENT OF CORRECTIONS RELIGIOUS ACCOMMODATIONS BOARD OF SPECIAL NEEDS REVEREND JOAN TORMA, BUREAU INMATE SERVICES,: CENTRAL OFFICE DEPT. CORR. GRIEVANCE FINAL REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT OF CORRECTIONS, DEFENDANTS · 03-1560 CIVIL TERM ORDER OF COURT AND NOW, this_ [ I~ . day of April, 2003, the within motion shall be docketed at a civil number and treated as a complaint in equity. The petition to proceed in forma pauperis, IS GRANTED. Service shall be made by the Sheriff. By the Court, ~Alfonso Percy Pew, BT-7263, Pro se :sal P.O. Box 99901 Pittsburgh, PA 15233 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ALFONSO PERCY PEW, Plaintiff, CENTRAL OFFICE DEPARTMENT OF : CORRECTIONS, et al., : : : Defendants. No. 03-1560 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE. TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of Defendants PA Department of Corrections, Reverend Joanne Torma, Tshanna Kyler, Deputy Secretary William J. Love, Secretary Jeffrey A. Beard, former Superintendent Philip L. Johnson, former Superintendent Neal Mechling, Chaplain William Terza, and David Roberts, in the above- captioned matter. Dated: August 8, 2003 By: Respectfully submitted, Office of General Counsel R4ymon/ff W. Dorian Assist~nt Counsel Attorney I.D. No. 48148 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ALFONSO PERCY PEW, Plaintiff, Vo No. 03-1560 Civil Term CENTRAL OFFICE DEPARTMENT OF CORRECTIONS, et al., Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Alfonso Percy Pew, BT-7263 SCI-Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233 Stacy M. Jarvis Acting Clerical Supervisor Pennsylvania Department of Corrections 55 Utley Drive: Camp Hill, PA 17011 (717) 731-0444 Dated: August 8, 2003 SHERIFF'S RETURN E NO: 2003-01560 P 4MOA~EALTH OF PENNSYLVANIA: 3UNTY OF CUMBERLAND PEW ALFONSO PERCY VS DEPT OF CORRECTIONS ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named RESPONDA/qT , to wit: PITTSBURGH STATE PRISON WARDEN AND CHAPLAIN MECHLING , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within PETITION HABEAS CORPUS to On August 26th , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge 18.00 9.00 10.00 .00 .00 37.00 00/00/0000 this office was in receipt of the R. Thomas Kli~ c-JJ~ Sheriff of Cumberland County Sworn and subscribed to before me this 3~-,q day of~ ~ A.D. Prothonotary SHERIFF'S RETURN - CASE NO: 2003-01560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEW ALFONSO PERCY VS DEPT OF CORRECTIONS ET AL OUT OF COUNTY Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named RESPONDANT , to wit: PITTSBURGH STATE PRISON WARDEN AND CHAPLAIN WILLIAM TERZA but was unable to locate Him in his deputized the sheriff of ALLEGHENY serve the within PETITION HABEAS CORPUS Sheriff or Deputy Sheriff who being search and bailiwick. He therefore County, Pennsylvania, to On August 26th , 2003 attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~3 A.D. ! ; Prothonotary SHERIFF'S RETURN CASE NO: 2003-01560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEW ALFONSO PERCY VS DEPT OF CORRECTIONS ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named RESPONDANT , to wit: CRTL OFC DEPT OF CORR SEC AND DEPUTIES JEFFREY A BEARD , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within PETITION HABEAS CORPUS to On August 26th , 2003 , this office was attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 00/00/0000 in receipt of the So answer: ~ -~3~/~~ Sheriff of Cumberland County Sworn and subscribed to before me this 3~c,Q day of ~,,. ~ ~2~ A.D. SHERIFF'S CASE NO: 2003-01560 P COMMONq4EALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEW ALFONSO PERCY VS DEPT OF CORRECTIONS ET AL RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named RESPONDANT , to wit: CTRL OFC DEPT OF CORR SEC AND DEPUTIES WILLIAM J LOVE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within PETITION HABEAS CORPUS to On August 26th , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the ~R. ~homas Kl'in¥- [ Sheriff of Cumberland County Sworn and subscribed to before me this 3~, day of~ A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEW ALFONSO PERCY VS DEPT OF CORRECTIONS ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named RESPONDA/qT , to wit: CENTRAL OFC DEPT CORR GRIEVANC REVIEW BOARD TSH3kNNA KYLER , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Her in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within PETITION HABEAS CORPUS to On August 26th , 2003 , this office was attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 00/00/0000 in receipt of the So ans ~r~ ~J~ ~C Sheriff of Cumberland County Sworn and subscribed to before me this 3~ day of ~~ ~26z~ A.D. SHERIFF'S RETURN - CASE NO: 2003-01560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEW ALFONSO PERCY VS DEPT OF CORRECTIONS ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named RESPONDANT , to wit: BUREAU INMATE SERVICES DAVE ROBERTS but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within PETITION HABEAS CORPUS Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On August 26th , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the So a n s w~e. r~/~ ~[P /~ Sheriff of Cumberland County Sworn and subscribed to before me j.~( day o~,~, this A.D. Prothonotary~ 7 SHERIFF'S RETURN - CASE NO: 2003-01560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEW ALFONSO PERCY VS DEPT OF CORRECTIONS ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named RESPONDANT , to wit: CENTRAL OFFICE DEPT OF CORRECT RELIG ACCOM BOARD JOANNE TORMA , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within PETITION HABEAS CORPUS to On August 26th , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 this office was in receipt of the So answers: ~ , 7 R. ~Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 3.~M. day of ~-,~ ~f A.D. Prothonotary' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEW ALFONSO PERCY VS DEPT OF CORRECTIONS ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named RESPONDANT , to wit: PITTSBURGH STATE PRISON WARDEN & CHAPLAIN PHILLIP L JOHNSON , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within PETITION HABEAS CORPUS to On August 26th , 2003 attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 oo/00/00o0 this office was in receipt of the R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~x~ day of A.D. Prothonotar~y' In The CoUrt of Common Pleas of Cumbg$1gnd County, Pennsylvama Central Office Department of Corrections et al SERVE: Pittsbur§h Sta~ Prison Warden and Chaplain _ Mecming ~{~\ V~%~XU5~ ~ ~ No. 03-~s60 civ±~ auly 21, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do .hereby deputize the Sheriff of Alle~heny County tb execut~ this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service k._.,/--'~/~' ~,~.._~ ,200? ,at/ OC~o'clock/ M. servedthe" within upon at by handing to a ,z~ Sworn and subscribed before me this __ day of ,20__ Sheriff of COSTS MILEAGE AFFIDAVIT County, PA In The CoUrt of Common Pleas of Cumberland~(~unty, Pennsylvania vs. . ' Cmtral Office ~h.ent of Corrections et : Cmtral Office ~r~ent of Co~ection Secreta~ ~d ~mties ~ A. ~lcmer _3 NO. 03-1560 civil , · 2oo~ , I, S~FF OF C~E~ CO~Y, PA, do hereby deputize the Sheriff of Alle~heny Counfy to execut[ this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service within upon a copy of the original and made known to the contents thereof. So ans~ Sheriff of CounW, PA Sworn and subscribed before me this __ day of ,20__ COSTS SERVICE MILEAGE AFFIDAVIT From: ._~.~[->CL-:."~ ~1 07/IIP~2008 12:25 #0~? P.O01/O01 ~ The Co~, of Common Ple~ of Cumber~nd Count, Penn~lvan~ ~o. 03~X560 · h~eSF ~Tutize the Sh~i~of ~ deputation being made at the request and rlsk ofthe Plaintiff'. Affidavit. of Serviee M. $~vod ~ho ' aud made known to Sw,om and subscribed before, · 2O COSTS MIL~GB' AWIDAVIT ' ' .$ In The COUrt of Common Plea, s of Cumbe~land~d~unty~ Alfonso PercyVS. Pew Central Office Department of Corrections et ~ ~ SERVE: Central Office Deapz hr,ent of Correction hereby deputize the Sheriff of Secret~a~ry and Deputies Jeffrey A. Beard No. 03-1560 civil ~,D~03~-'~ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Alle~heny County to execut~ this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA by handing to Affidavit of Service ~,_~'~- ,2{~2~ ,at / o'cloc/M, served the a copy of the original and madeknownto So _ the contents theze~f.~ Sheriff of Com~, PA Sworn and subscribed before me this __ day of ¸, 20 COSTS SERVICE MILEAGE AFFIDAVIT In The CoUrt of Common Pleas of Cumberland. C~x~u~-y, Pennsylvania Central Off~%~ Department of Corrections et al _ SERVE: Central Office Department of Correction No. 03-1560 civil Secretary. and De. ties William J. Love ~l,~Ob~~'~ ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ' Allegheny County to execut[ this Writ, tiffs deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service within upon ~,c,' /served the ,2(~)-~ ,at./ o'clock by handing to a and made known to copy of the original the contents~ Sheriff of County, PA Sworn and subscribed before me this day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, P nsylvania SERVE: Central Office Department of Corrections ~w~ hereby deputize the Sheriff of Grievance Final Review Board Ms T'shanna KylerNo- 03-1560 civil auVlyC~,~t~oJ%°~ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execut[ this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA within upon at Affidavit of Service ~.__ , 20~''~, at o'clac M. served the by handing to a and made known to copy of the original Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT In The CoUrt of CommOn Pleas of Cumherla~noh dounty, Pennsylvania ~f~so Per~, Pew t C ii -,~. . · -- Central Office ~ent of ~=ections ;~'] ¢ ~ {_~ SE~: ~eau of I~mte Se~ices C~ral Office ~p~f ~o~ctions ~ve Roar,s No. 03-1~60 civil , '~2~~B , i, S~ FF OF C~E~ CO~TY, PA, do hereby deputize ~e Sheriff of alle~en7 . . Co~W to execut[ ~is Writ, ~is deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA upon at Affidavit of Service by handing to a and made known to copy of the original Sheriff of County, PA Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland~4~q ty, Pe syl a Alfonso Percy Pew 1 f /~ // r.,---~'~ Central Of~i%~ Department of Corrections et al I ~ ~ ~ 5 7 SERVE: Central Office Department of Corrections ~~OW~ hereby deputize the Sheriff of Religious Acccmodations BoLd fox' Special Needs No. 03-1560 civil Reverend Joanne Torma.~^\ · Jul~Y' 27, 2~~--~''~ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Allegheny County to execut[ this Writ,'this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA within ' upon at by handing to a Affidavit of Service , at// o'cloc~'~ M. served the and made known to Sworn and subscribed before me this day of ,20 copy of the original Sheriff of Couaty, PA COSTS SERVICE MILEAGE AFFIDAVIT In The CoUrt of Common Pleas of Cumberl~nd~untyvPgnnsylvama Central Off~%~ Department of Corrections et hereby deputize the Sheriff of Pittsbur§h State Prison Warden and Chaplain No. 03-1560 civil PhilliD L. Johnson Jflly 21, 200ZTM , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Allegheny County to executb th'is Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Il'ow, within upon at Affidavit of Service <5:~ ..... ,20ES'-?, at~ o'cloek//M, served the by handing to a and made known to Sworn and subscribed before me this __ day of ,20 copy of the original the contents thereof. Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ALFONSO PERCY PEW, Plaintiff, No. 03-1560 Civil Term CENTRAL OFFICE DEPARTMENT OF CORRECTIONS, et al., Defendants. NOTICE OF REMOVAL TO: Alfonso Percy Pew, BT-7263 SCI-Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Please take notice that a Notice for Removal was filed in the United States District Court for the Middle District of Pennsylvania at Civil Action No. ., on August 8, 2003. I certify that the attached copy of the Notice for Removal :is a true and correct copy of the original, which was filed in the Office of the Clerk of the United States District Court for the Middle District of Pennsylvania. Respectfully subnfitted, Office of General Counsel By: ~Ra~ond W. Dorian Assistant Counsel Attorney I.D. No. PA48148 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: August 8, 2003 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ALFONSO PERCY PEW, : Plaintiff, : : No. V. i : CENTRAL OFFICE DEPARTMENT : OF CORRECTIONS, et al., : : Defendants. : NOTICE OF REMOVAL Defendants, PA Department of Corrections, ,et al., by and through their attorney, Raymond W. Dorian, Assistant Counsel, respectfully petition this Court pursuant to 28 U.S.C. §1441(a), for removal of the instant matter from the Court of Common Pleas of Cumberland County. As grounds therefore, Defendants represent as follows: 1. On April 3, 2003, Plaintiff Pew filed a petition for writ of habeas corpus with the Court of Common Pleas of Cumberland County. A tree and correct copy of the petition is attached as Exhibit A. 2. In his petition for writ of habeas corpus, the Plaintiff alleges that his right to practice his religion has been denied at the State Correctional Institution at Pittsburgh ("SCI-Pittsburgh"). Specifically, he alleges that he is entitled to a kosher diet. He cites to the U.S. Constitution and the Fourteenth Amendment. See Exhibit A. 3. On or about July 25, 2003, the Defendants. were served with a copy of the petition. 4. This Court has jurisdiction over federal claims pursuant to 28 U.S.C. §1343, and such action is removable to this Court by virtue of 28 U.S.C. §1441(a). 5. Notice of the filing of the Notice of Removal has been provided to the Plaintiff, who is proceeding pro se, and to the Prothonotary of the Court of Common Pleas of Cumberland County. WltEREFORE, the Defendants pray that the aforementioned action now proceeding against them in the Court of Common Pleas of Cumberland County be removed from there to this Court. 2 Dated: August 8, 2003 By: Respectfully submitted, Office of General Counsel s/Raymond W. Dorian Raymond W.. Dorian Assistant Counsel Attorney I.D. No. PA48148 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 Phone No.: (717) 731-0444 Fax No.: (717) 975-2217 E-mail: rdorian~state.pa.us I__~N Tl~E COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW. PETITION FOR WRIT OF HABEAS CORPUS AD SUBJICIENDUM FOR PR---~ON CONDITIONS LITIGATION COMMONWEALTH O__F PENNSTLVANIA EX-REL. ALFONSO .PERCY PEW RELATOR 1 v_= CENTRAL OFFICE DEPARTMENT OF CORRECTIONS RELIGIOUS ACCOMMODAT) -IONS BOARD FOR SPECIAL NEEDS REVEREND JOANNE TORMA~ BUREAU INMATE SERVICES~ CENTKAL OFFICE DEPT. CORR. .GRIEVANCE FINAL REVIEW BOARD THE DEPARTMENT OF CORRECTIONS PRESIDENT JUDGE HON.GEORGE E. HOFFER MISCELLANEOUSNESS HABEAS CORPUS .DOCKET ~:c-' I :.~ CENTRAL OFFICE DEPT. CORR. SECRETAdY AND.DEpUTIES OF PETITION FOR ,WRIT O__F HABEAS CORPUS AD SUBJICIENDUH FOR PRISON CONDITIONS LITIGATION JuKISDICTION - This petition is submitted pursuant to the Enactment of Title 42, Judiciary Procedure, of the Pennsylvania Consolidated Statues, as enacted by Act 1976, July 9, P.L. 586, No. 142, Generally effective 60 days from the .date of final enactment of Act 1978, April 28, P.L. 202, No. 53 (June 27, 1978) This petition is brought pursuant to Habeas Corpus Reiief Sub Sections 6501, 6502, 6503, 6504, 6505 and.the Pennsylvania Constitutional Articles 1, Sub Section 14. The petitioner invokes rights guaranteed pursuant to bot~ the United States Of America Constitutional A~endments and the Commonwealth State Of Pennsylvania Constltutional Amendments. The petitioner .boldly argues the Right To Practice His Religious Belief and The Right To Be Free From Cruel And Unusual Punishment. The petitioners challenges violations of administrative policies that deny him due process and equal protection guaranteed .under Pennsylvania Law. The petitioners seeks substantive relief from Department Of Corrections ~ctions that prejudice him for his religion. 'Further §6501 provides "the privilege of the habeas corpus shall not be suspended, unless when ~ case of rebellion or invasion the public safety may require it. PARTIES INVOLVED Alfonso Percy Pew, Pro'se Petitioner/Relator VS. C~ntral 0ff~ce Department Of Corrections Religious Accommodations Board For Special Needs Reverend Joanne Torma Defendant/Respondent Bureau 0 f Inmate Services Central Office Department Of Corrections Dave Roberts Defendant/Respondent Central Office Department Of Corrections Grievance Final Review Board, Ms. T'shanna Kyler Defendant/Respondent Central Office Department Of Correction Secretary And Deputies Thomas A. Fulcomer, W~llfam J. Love And Jeffrey A. Beard Defendant/Respondent Pittsburgh State Prison Warden And Chaplain Phillip L. Johnson, Mechling And William Terza Defendant/Respondent WITNESSES FOR ~ETITIONERS HABEAS CORPUS AD TESTIFICANDUM ON PRISON CONDITIONS LITIGATION 1. Full eighteen members of Pennsylvania State Congressional Black Caucus. 2. Spiritual Adviser Min Nikhek of the Ausar Auset Society. 3. Spiritual Adv~se~ And ~r. Muata Abbaya Ashby of the University Of Miam~ and Director of Sema Institute Temple Of Auset. · 4. Professor Yumy Thos. 0dom Spiritual Adviser and Founder of The Frator Order Of Heru Inc. 5. Mr. N'Namdi A. S~kumbuzo a representative of Petitioners · membership into a federal I.R.S tax exempt 0rgan~zation. PROCEDURAL HISTORY Petitaoner is a prisoner of the Commonwealth Of Pennsylvanaa. In 1991 at 18 years old he was charged and convicted of a 2nd Degree Accomplice Liability Conspiracy to a felony that resulted into a hom~cide, In 1992 pet~[tioner was formally sentence to natural life in prison. Petitioner had no prior adult record and st~ll maintains his innocents in the involvement of the criminal conviction. This matter now before the Court arises out of has placement designation ~n 1998 by the Central Office Department of Corrections to confine pet~tioner within side the Western Penitentiary (S.C.I.-Pittsburgh. ISSUES 1. The relator avers in this petitions 'complaint that since 1998 to date 2003 petitioner has spent the last 5 years being denied the right to practice his religion. 2. The relator rel~gious belief is of African origin and goes back to ancient egypt c~vilizat~on in which all adherents are subjected to Kosher Food Laws. 3. The relator's tenets are the progenitor of Mystical Jew-ish Cabala (Kabbal~st) whom follow Kosher Dietary Laws. 4. The Department of Corrections Of. Pennsylvania at Central Office have failed to acknowledge the existence of African Jews in Ethiopia called Falasha's as well as ~n Yemen whom of all m~grated out of ancient Egypt. 5. The relator as a follower of Shetaut Neter (Metu Neter) also known as the Ausarian Complex of Ausar Auset Heru or popularly in Greek the Cult of Isis Osirus and Horus. 5. The relator submitted th~s information to the Defendant/Respondents on a Department Of Corrections Religious Special Needs Accommodations Form Request. 6. Relator's said above request were made by him and h~s Spiritual Advisers Min Nikhek, Dr. Muata Abhaya Ashby, and N'Namdi A. S~kumbuzo with support from the Pennsylvania State Legislative Black Caucus. 7. Relator wrote and'received ,letters from the State Attorney General and ellected Govenor's Off~ce directing Central. Office Department Of Corrections to take actions. 8. Relator has exhausted all of his state instltutional administrative grievance complaint appeals in which Central Office has failed.to even answer the f~nal review. 8. Relator a 30 year old African born ~n America suffers from Chronic 'Care Hypertension and Severe Elevated Blood Pressure. 9. Relator's-d~sease is directly re.lated to h~s d~etary needs prescribed by his religious belief. 10. Relator's religious book The Pert Em Hru (The Book Of Coming Forth By Day) known to the world as the Book Of .The Dead forbids him'from eating flesh including meats of ch~ckenc f~sh or egg nor consumption of turky nor drinking of milk and cheese is forbidden. 11. Relator avers that officials at the S.C.I. Pittsburgh State Prison were made aware of all the above' d~etary lost of life damage, kidney restrictions based on petitioners religion and it was documented within, petitioners Medical Records local and Faxed 'to Central Offic~ ~o all.Defendant/Responde~ 12. The relator ~s under imminent dan9er ~f because his disease threatens to cause lung failure, stroke or heart attack. 13. The relator avers that the absence of the prescribed ~meopathic approach to his diet based[ upon religious belief puts him at risk for collapse and destruction of his vital organs. 14. The relator's only request was theft the Central Office Department Of Corrections Religious Accommodations Review Committee provide him with the Kosher DJ[et Bag as mandated by the 3rd Circuit Federal Court Of Appeals in the case of Johnson v. Horn Dept. Of Corr... 15. The relator avers that the Defendant/Respondents provide the Kosher bag to Orthodox Jews but not petitioner. 16. The relator avers that the Kosher Bag consist of Raw Fresh Fruits and Vegetables, Nutritional Cereal Bars, Pretzels and Ensure Supplement. · 17. Relator avers that such Kosher diet addresses his r~striction from flesh, meat, eggs, cheese, and milk. 18. Relator avers as well that his religion forbids him from eating at particular times. He must follow eating only. breakfast at sun rise, lunch at noon but dinner must be between, hour 1-3pm. of which only the Kosher 'Bag addresses. 19. The relator avers that while the prison has a alternative diet line it does not address his religious needs because there'..~s no substitute for eggs, cheese, nor milk and at breakfast there is no alternative line period. As well it does not accommodate the time relator must eat like the kosher Bag does.._~ 20. The relator avers that the Defendant/Respondents are discriminating against him based on Religion, Culture, Nationalist Origin, Ethn~city/Race. CONSTITdTIONAL VIOLATIONS The complaint of the relator argues that the actions 'of Defendant/Respondents are in violation of both State and Federal Law. Relator avers the these acts ~iolate his civil rights under the United Sta~es Constitutional Amendments as we1%.,as the bill of rights in corporated inside Pennsylvania's State' Constitutional Amendments. The petitioner seeks to be free of unconstitutional restraints against his 1st Amendments' Right' to Practice His Religion, the 14 Amendments Due Process And Equal Protection Under The Law Clause, as well as the ~rotectional safeguards of the 'Sth Amendment Right restra'ining the use of Cruel And Unusual Punishment. 1. Prospectave Rel'aef d~rectang Defendant/Respondents to provade Kosher Daet Bag as descrabed in Johnson v. Horn, to the petataoner/relator-. 2. Permanent' Injunction darecta~g that Defendant/Respondents provade Kosher Daet Bag as long as petitioner/relator ~s a prasoner under the Commonwealth Department Of Correctaons Of Pennsylvanaa. 3. petataoner/Relator refund for cost and latagataon of su~t all expenses ancludang f~lang, research, m~l emotaonal and psychologacal stress. 4. Damages Monetary Reward for physical and psycholog~ca! paan over the pass 5 years that continue until the matter as resorted befOre thas Court. Wherefore pet~taoner/relator respectfully prays that th~s honorable court ~ssue saad writ for habeas corpus ad Pa. 199~5233 Alfons¢ BT-7263 P.O. Bo: Pattsbu I__N THE COURT O__F COM){ON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA PETITION FOR HABEAS CORPUS A__D SUBJICIENDUM PRISON CONDITIONS LITIGATION COMMONWEALTH OF PENNSYLVANIA EX REL. ALFONSO PERCY PEW V. CENTRAL OFFICE DEPARTMENT OF CORRECTIONS RELIGIOUS ACCOMMODAT -IONS BOARD OF SPECIAL NEEDS REVEREND JOAN TORMA, BUREAU INMATE SERVICES, CENTRAL OFFICE DEPT. CORR. GRIEVANCE FINAL REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT'OF CORRECTIONS PRESIDENT JUDGE HON. GEORGE E. HOFFER MISC. DOCKET ~ HABEAS CORPUS/ REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF ~OTION FOR PRELIMINARY INJUNCTIVE RELIEF THE RELATOR, ALFONSO PERCY PEW, SUFFERING FROM CHRONIC CARE DANGEROUSLY ELEVATED BLOOD PRESSURE. BODY ORGANS ARE SUBJECT TO SHUT THREATENED BY THE FOLLOWING: 1. RISK OF MAJOR HEART ATTACK 2. KIDNEY FAILURE 3. LUNGS COLLAPSING 4. TYPE 2 DIABETES DEVELOPING A 30 YEAR OLD MALE IS SEVERE HYPERTENSION AND THE RELATOR'S INTERNAL DOWN. TNE RELATOR IS THE PETITIONER SUFFERS FROM ANXIETY AND STRESS ATTACKS WERE HE HAS TO RECEIVE NITRO-GLYCERIN TABLETS UNDER HIS TONGUE. THE RELATOR ALLOPATHIC MEDICATION GIVEN BY INSTITUTION'THROUGH CONTRACTORS WITH STATE IS DETRIMENTAL TO RELATOR'S HEALTH. RELATOR IS IN NEED OF HIS PRESCRIBED RELIGIOUS WHOLLISTIC/HOLLISTIC DIET AND HOMEOPATHIC MEDACINES FOR HIS DISEASE. RELATOR IS ASKING THE HONORABLE PRESIDENT JUDGE TO INTER A PRELIMINARY INJUNCTION ORDERING THE DEPT. OF CORR. OF PENN. AT CENTRAL OFFICE TO: A. PROVIDE RELATOR WITH THE PRESCRIBED RELIGIOUS KOSHER BAG AS OUTLINED IN THE CASE OF JOHNSON V. HORN 3RD CIRCUIT. ~.PERMIT RELATOR T0 HOMEOPATNIC MEDICINE AS ILLNESS. PURCHASE ORDAINED HIS OWN RELIGIOUS HERBAL BY NIS RELIGION TO TREAT HIS ARGUES TBE FOLLOWING IN S~PPORT: AUTHORITY THIS MOTION REQUEST FOR PRELIMINARY INJ]FNCTIYE RELIEF IS MADE PURSUANT TO THE AUTHORITY OF THE pRESIDENT JUDGE OF THIS HONORABLE COURT UNDER 42 PA. C.S.A. §6605. IMMINENT DANGER AND RELATOR' WILL THE FORM OF VITAL ORGAN DAMAGE OR THE RELATOR'S LIFE IS IN SUFFER IRREPARABLE HARM IN LOSS OF LIFE. THIS IS A PRIS.ON CONDITION LITIGATION'WERE RELATOR IS NOT BEING PROPERLY TAKEN CARE OF IN REGARD TO MEDICAL NEEDS THAT ACCOMPANY HIS RELIGIOUS BELIEF. THE RELATOR HAS MADE NUMEROUS REQUEST THROUGH STATE ADMINISTRATIVE PRISON GRIEVANCE COMPLAINTS TO BE AFFORDED THE RIGHT TO PURCHASE HIS OWN MEDICINE FOR HIS DISEASE. RELATOR IS IN DIRE NEED OF HOMEOPATHIC TREATMENTS IN THE FORM OF HERBAL TONICS AND BODY PURIFIERS THAT TREAT HIGH BLOOD PRESSURE AND HYPERTENSION WITHOUT SIDE AFFECTS. CURRENTLY THE INSTITUTION IS TREATING RELATOR WITH ALLOPATHIC MEDICINE WHICH IS CAUSING ADVERSE SIDE AFFECTS, DISCOMFORT, PAIN, OTHER ILLNESS AND COMPLICATIONS AND SIMPLY JUST IS NOT WORKING~ RELATOR ~HIMSELF, FAMILY, FRIENDS AND RELIGIOUS CLERGY WILL SUPPORT THE BILL OF RELATORS PURCHASES AT HIS OWN EXPENSE FROM HIS SPIRITUAL ADVISERS. THIS COURT IS THE PROPER VENUE AND AVENUE FOR A JUDGE TO RENDER A TEMPORARY RESTRAINING ORDER FORBIDDEN THE DEPT. OF. CORR. FROM ALLOWING. RELATOR T0 PURCHASE MEDICATION HE NEEDS TO SAVE HIS LIFE. FURTHER FROM DEPRIVING HIM OF HIS RELIGIOUS KOSHER HAG DIET. PETITIONER SEEKS THIS PROSPECTIVE RELIEF UNDER THE 8TH AMENDMENT RIGHT AGAINST CRUEL AND UNUSUAL PUNISHMENT WERE PETITIONER IS IN NEED OF SERIOUS MEDICAL CONCERNS RELATED TO MEDICINE HE DEPENDS ON TO LIVE. PETITIONER ALSO 'INVOKES HIS lST AMENDMENT RIGHTS TO BE FREE TO PRACTICE HIS RELIGION WHICH INCORPORATES THE KOSHER DIET AND HOMEOPATHIC. MEDICATION- PETITIONER SEEKS OUT THE 14TH AMENDMENT PROTECTIONS OF DUE PROCESS AND EQUAL PROTECTION UNDER THE LAW WERE SIMILIARLY SITUATED PRI'SONERS RECEIVE DISCRIMATORY/PREFERENTIAL TREATMENT OVER PETITIONER- wHEREFORE PETITION PRAYS THAT THIS HONORABLE PRESIDENT JUDGE OF SAID COURT GRANTS THIS RELATORS MOTION AND PLEA FOR HELP, LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS BY PROTECTING HIM FROM THE UNCONSTITUTIONAL RESTRAINTS PLACED UPON HIS PHYSICAL BODY, MENTAL cAPACITY~ND SPIRITUAL CULTIVATION: IN THE cOURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENN:SYLVANIA COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW PETITION FOR WRIT O__F.HABEAS CORPUS AD SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION ~ PRESIDENT JUDGE I HON.GEORGE E. BOFFER EX-REL. ALFONSO PERCY PEW RE TUR V. CENTRAL OFFICE DEPARTMENT OF CORRECTIONS RELIGIOUS ACCOMMODAT) -IONS BOARD FOR SPECIAL NEEDS REVEREND JOANNE TORMA~ BUREAU INMATE SERVICES~ CENTRAL OFFICE DEPT. CORR. GRIEVANCE FINAL REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT OF CORRECTIONS MISCELLANEOUSNESS DOCKET HABEAS CORPUS PETITION FOR WRIT O__F.~ABEAS CORPUS A__D SUBJICIENDUM FOR PRISON CONDITIONS DECLARATION I, ALFONSO PERCY PEW, THE PETITIONER/RELATOR DO SWEAR, DECLARE AND CERTIFY UNDER PENALIES OF PERJURY OF PENNSYLVANIA LAW FOR UNSWORN FALSIFICATION THAT THE HEREWITH INFORMATION IS TRUE MY INFORMATION AND BELIEF. AND CORRECT BASED,/~PON ALFONSO" 7Y PEWu. BT-7263 PO. BOX. 9p01 PITTSBUR( ~PAo 15233 IN THE C0~T OP Com~o~ PLEAS FOP CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW PETITION FOR WRIT OF I{ABEAS CORPUS AD SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION COMHONWEALT~ OF PENNSYLVANIA I PRESIDENT JuuGE EX-REL. ALFONSO PERCY PEW ~ ~ON~GEORGE B. ~OFFER RELATOR ~ V. I MISCELLANEOUSNESS DOCKET CENTRAL~FFICE DEPARTMENT OF ~ ~ABEAS CORPUS CORRECTIONS ~ELIGIOUS ACCOMMODAT) -IONS BOARD FOR SPECIAL NEEDS ~ REVEREND JOANNE TORMA~ BUREAU INMATE SERVICES, CENTRA~ OFFICE DEPT. CORR. GRIEVANCE FINAL REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT OF CORRECTIONS 1 1 ! 1 1 1 1 PETITION FOR WRIT OF HABEAS CORPUS A__D SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION PROOF OF SERVICE I, ALFONSO PERCY PEW, PETITIONER/RELATOR HEREBY SWEARS, DECLARES AND CERTIFY'S THAT I CAUSED TO BE SERVED ! ORIGINAL AND THREE COPIES OF PETITION FOR WRIT OF HABEAS CORPUS AD SUBJICIENDUM ALONG WITH ORDER, RULE TO SHOW CAUSE, DECLARATION, AND MOTION TO PROCEED INFORMA PAUPERIS WITH AFFIDAVIT IN SUPPORT UPON THE ADDRESS LISTED BELOW: PROTHONOTARY/CLERK OF COURT DENNIS LEBO COURTHOUSE CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PA. 17013-3387 ALFONSO ?E~CY PEN/~ NO. BT-7 ~3 ( ~ ' P.O. BOX. 99901 ~ ] Pittsburgh, Pa. 15233 IN T]{E COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW. PETITION FOR WRIT O__FHABEAS ~ORPUS AD SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION COMMONWEALTH OF PENNSYLVANIA ~X-REL. ALFONSO PERCY pEW RZL TOR 1 ¥. CENTRAL OFFICE DEPARTMENT OF ~ CORRECTIONS RELIGIOUS ACCOMMODAT) -IONS BOARD FOR SPECIAL NEEDS REVEREND JOANNE TORMA, BUREAU INMATE SERVICES~ CENTRAL OFFICE DEPT. CORR. GRIEVANCE FINAL REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT OF CORRECTIONS PRESIDENT O~DGE HON.GEORGE E. HOFFER MISCELLANEOUSNESS DOCKET HABEAS CORPUS' l 1 1 1 1 1 1 ORDER And now, this day of , 2003, upon consideration of the within petit/on and upon motion of Alfonso Percy Pew, pro'se and relator, ~t is directed that a writ of habeas corpus ad subjiciendum be ~ssued forthwith an~ that a hearing be held on the __ day of , 2003, at o'clock .m. ~n cou=t room No. court house, , Pennslvania, and that the pro%honorary be directed to serve , Warden of State Prison, Street, Pennsylvania, with the sa~d writ or a copy. Notice of said hearing shall be g{ven forthwith to the district attorney of County. By the Court: Honorable President Jvdge TuE OF Com O P£EAS F__Q_Op CUMBERLANI2.. COUNTY PENNSYLVANIA CIVIL ACTION LAW PETITION FOR WRIT O__F HABEAS ~ORPUS AD SU~JICIENDUM FOR PRISON CONDITIONS LITIGATION COMHONWEALTH O__.F PENNSYLVANIA ~ PRESIDENT duuGE EX-REL. ALFONSO PERCY pEW ~ HON.GEORGE. E_~. ROFFER RELATOR 1 V. ! MISCELLANEOUSNESS DOCKET CENTRAL OFFICE DEPARTMENT OF I HABEAS CORPUS CORRECTIONS RELIGIOUS ACCOMMODAT) -IONS ~OARD FOR SPECIAL NEEDS 1. REVEREND JOANNE TORMA, I BUREAU INMATE SERVICES~ CENTRAL OFFICE DEPT. CORR. GRIEVANCE FINAL REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT O._~F CORRECTIONS RESPONDENTS 1 1 1 1 1 1 PITTSBURGH PITTSBURGH STATE PRISON PENNSYLVANIA WRIT OF HABEAS CORPUS AD SUBJICIENDUM TO:CENTRAL OFFICE DEPARTMENTOF CORRECTIONS STATE OF PENNSYLYANIA COM){ONWEALTH GREETINGS: We command you, that the body of Alfonso Percy Pew, under your custody detained, as it is said, by whatsoever name he may be detained, . you bring before the Honorable Georqe E. Holler, President Judge of' our Court of Common Pleas, in the County of Cumberland at the court house, in court room No. at , on the day. Of , 2003, at o'clock .m. to do, :submit to, and receive whatsoever our said President Judge shall then and there consider in that behalf. Witness, the Honorable Georqe E. Holler, President Judge of our said Court, the day of , 2003. ,Prothonotary IN THE COURT OF COMMON PLEAs FOR CUMBERLAND coUNTY PENNSI~LVANIA CIVIL ~CTION LAW ' PETITION FOR WRIT OF HABEAS CORPUS A_~D SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION COMMONWEALTH OF PENNSYLVANIA ~ PRESIDENT JuuGE EX-REL. ALFONSO PERCY PEW i HON.GEORGE E. HOFFER RELATOR ~ V__~. 1 MISCELLANEOUSNESS DOCKET CENTRAL OFFICE DEPARTMENT OF I ~ABEAS ~ORPUS CORRECTIONS RELIGIOUS ACCOMMODAT) -IONS BOARD FOR SPECIAL NEEDS I REVEREND]OANNE TORMAr BUREAU INMATE SER¥ICESr CENTRAL OFFICE DEPT. CORR. GRIEVANCE FINAL REVIEW BOARD CENTRAL OFFICE DEPT. CORR. SECRETARY AND DEPUTIES OF THE DEPARTMENT OF CORRECTIONS 1 1 1 1 1 1 ! PETITION FOR WRIT OF HABEAS CORPUS A__D SUBJICIENDUM FOR PRISON CONDITIONS LITIGATION RULE T__qO SHOW CAUSE AND RETURN OF WRIT The writ or the order to show cause why the writ should not issue shall be d~rected to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding 20 days, is allowed. The person to whom the writ or the order ~s directed and shall make a return certifying the true cause of the detention/v~olation and except as otherwise prescribed by general rules or by rule or order of the court, shall~produce at the hearing the body of the person detained. To: Central 0ff~ce Department Of Correct~ons 2520 Lisburn Road Camp Hill, Pa. 17001-0598 · To: Superintendent Mechl~ng BOX. 99901 P~ttsburgh, Pa. 15233 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ALFONSO PERCY PEW, Plaintiff, CENTRAL OFFICE DEPARTMENT OF CORRECTIONS, et al., Defendants. : No. : : . : : CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Notice for Removal upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Alfonso Percy Pew, BT-7263 SCI-Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233 Dated: August 8, 2003 s/Stacy M. Jarvis Stacy M. Jarvis Acting Clerical Supervisor Pennsylvania Department of Corrections 55 Utl'ey Drive Camp Hill,.PA 17011 (717) 731-0444 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ALFONSO PERCY PEW, Plaintiff, Vo CENTRAL OFFICE DEPARTMENT OF CORRECTIONS, et al., Defendants. No. 03-1560 Civil Term CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Notice of Removal upon the person(s) and in the manner indicated below. Service by first-class mail Addressed as follows: Alfonso Percy Pew, BT-7263 SCI-Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233 Dated: August 8, 2003 St~tcy M. Jar~s Acting Clerical Supervisor Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444