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Home My WebLink About07-1833In The Court Of Common Pleas Of Cumberland County, Pennsylvania V ~ ~ 1 X33 Civil Division v John K. Richardson, Plaintiff v. Donald L. Kelchner, et al., Defendants Motion For Leave To Proceed In Forma Pauperis NOW COMES the Plaintiff, proceeding pro se, and hereby moves this Honor- able Court, pursuant to Rule 240, Pa.R.Civ. P., for leave to .proceed in forma pauperis in the above-captioned matter. In support hereof, the Plaint- iff submits: 1.) The Plaintiff is indigent, and does not own anything of a monetary value like a house, property, automobile, stocks or bonds. Plaint- iff has attached a prison records officer statement that verifies that he is indigent. Due to Plaintiff's penury, he is unable to pay the court filing fees and other costs associated with the litigation of this nonfrivolous matter. 2.) Accordingly, the Plaintiff should be permitted to proceed in forma, pauperis in the above-captioned matter. WHEREFORE, the Plaintiff prays this Honorable Court to grant him leave to proceed in forma pauperis in this matter. Respectf~.lly submitted, GD-2221 10745 Route 18 Albion, PA 16475-0002 Date: March 2g, 2007 ~I i C.~'11~41rC~ S01'1 TO BE COMPLETED BY RECORDS OFFICER OF PRISON (~~ anal ] : The plaintiff presently has the sum of ~ (o(o~1g on account at SC ( Ya~! or1 (Name of prison) ~( ~(, Attached is a copy of the plaintiff's institutional account r indicating deposits and withdrawals during the preceding one year period or (Indicate period covered by Account) I cannot furnish the court with a copy of the plaintiff's institutional account indicating income and withdrawals because 2. The plaintiff has the following securities and other assets: (include any information you have regarding outside accounts, sources of income): (.~.11~Y1p(J~r'1 3. Other information relevant to plaintiff s financial status or information that plaintiff's statements contained in his motion and declaration in support of motion to proceed in forma pauperis are not true: un noun I declare under penalty of perjury that the foregoing is true and correct, to the best of my lolowledge, information and belief. Signed this o ~ day of and Title of Records ORDER Motion for leave to proceed in forma pauperis is 20 f~~ . of Pr ison Date: PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERVICES PARTIAL ACCOUNT LISTING DATE 3/21/2007 REMOTE PRINT TIME 13:56 FROM PURGE FILE PAGE 1 INMATE NAME NUMBER LAST FIRST MI S TARTING BALANCE GD2221 RICHARDSON JOHN K 73.25 BATCH DATE TRANSACTION BALANCE AFTER ## MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 8005 01-05-2006 32 ALB COMMISSARY FOR 1/05/2006 -8.55 64.70 9018 01-18-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2005 - 12 GRP 3 15.12 79.82 2654 01-19-2006 14 MISCELLANEOUS ACCESS CATALOG H869051 104.87 184.69 8033 02-02-2006 32 ALB COMMISSARY FOR 2/02/2006 -19.55 165.14 8034 02-03-2006 32 ALB COMMISSARY FOR 2/03/2006 -51.49 .113.65 8040 02-09-2006 32 ALB COMMISSARY FOR 2/09/2006 -10.70 102.95 ,9046 02-15-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - Ol GRP 3 13.68 116.63 8047 02-16-2006 32 ALB COMMISSARY - FOR 2/16/2006 -22.01 94.62 8054 02-23-2006 32 ALB COMMISSARY _ FOR 2/23/2006 -21.31 73.31 3035 02-27-2006 38 INSIDE PURCHASES VENDA CARD -5.00 68.31 3143 03-07-2006 37 POSTAGE " -4.20 64.11 8068 03-09-2006 32 ALB COMMISSARY FOR 3/09/2006 -8.51 55.60 9075 03-16-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 02 GRP 3 13.68 69.28 8090 03-31-2006 32 ALB COMMISSARY FOR 3/31/2006 -6.36 62.92 BALANCE AFTER THESE TRANSACTIONS------> 62.92 .. r.< ~: ~ ,: ,: ta. sc- - ~, ~. ~: 4. c a ~r ,~' - • y P,A DEPT. OF .CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERV ICES PARTIAL ACCOUNT LISTING DATE 3/21/2007 REMOTE PRINT TIME 13:56 FROM PURGE FILE PAGE 1 INMATE NAME NUMBER LAST FIRST MI STARTING BALANCE GD2221 RICHARDSON JOHN K 62.92 BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 8103 04-13-2006 32 ALB COMMISSARY FOR 4/13/2006 -7.10 55.82 9108 04-18-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 03 GRP 3 15.84 71.66 8117 04-27-2006 32 ALB COMMISSARY FOR 4/27/2006 -12.13 59.53 8124 05-04-2006 32 ALB COMMISSARY FOR 5/04/2006 =10.53 49.00 9138 05-18-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 04 GRP 3 15.12 64.12 3969 05-30-2006 38 INSIDE PURCHASES VENDA CARD -5.00 59.12 9166 06-15-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 05 GRP 3 7.92 67.04 8167 06-16-2006 32 ALB COMMISSARY ' FOR 6/16/2006 -8.16 58.88 BALANCE AFTER THESE TRANSACTI ONS------> 58.88 P~ DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERV ICES PARTIAL ACCOUNT LISTING DATE 3/21/2007 REMOTE PRINT TIME 13:56 FROM PURGE FILE PAGE 1 INMATE NAME NUMBER LAST FIRST MI STARTING BALANCE GD2221 RICHARDSON JOHN K 58.88 BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 8193 07-12-2006 32 ALB COMMISSARY FOR 7/12/2006 -8.49 50.39 9199 07-18-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 06 GRP 3 15.12 65.51 8200 07-19-2006 32 ALB COMMISSARY FOR 7/19/2006 -8.78 56.73 4634 08-01-2006 37 POSTAGE -1.35 55.38 4634 08-O1-2006 37 POSTAGE -2.07 53.31 4634 08-O1-2006 37 POSTAGE -1.35 51.96 ~ 9227 08-15-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 07 GRP 3 15.12 67.08 4879 08-24-2006 39 LEGAL FEES INITIAL FILE FEE/CLERK COURT -13.15 53.93 8243 08-31-2.006 32 ALB COMMISSARY FOR 8/31/2006 -7.43 46.50 9258 09-15-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 08 GRP 3 15.84 62.34 BALANCE AFTER THESE TRANSACTI ONS------> 62.34 PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERV ICES PARTIAL ACCOUNT LISTING DATE 3/21/2007 REMOTE PRINT TIME 13:56 FROM PURGE FILE PAGE 1 INMATE NAME NUMBER LAST FIRST MI STARTING BALANCE GD2221 RICHA RDSON JOHN K 62.34 BATCH DATE TRANSACTION BALANCE AFTER ## MO DY YEAR TRANSACTION DESCRIPTION. AMOUNT TRANSACTION 8278 10-05-2006 32 ALB COMMISSARY FOR 10/05/2006 -12.17 50.17 5429 10-16-2006 38 INSIDE PURCHASES VENDA CARD -5.00 45.17 9291 10-18-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 09 GRP 3 8.64 53.81 5503 10-19-2006 40 FINES/DAMAGES PLRA -1.73 52.08 9324 11-20-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 10 GRP 3 10.08 62.16 5868 11-21-2006 40 FINES/DAMAGES pI,RA - 2 . 0 2 6 0.14 ,9353 12-19-2006 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 11 GRP 3 9.36 69.50 6193 12-19-2006 40 FINES/DAMAGES PLRA -1.87 67.63 6240 12-22-2006 38 INSIDE PURCHASES , VENDA CARD -5.00 62.63 8363 12-29-2006 32 ALB COMMISSARY FOR 12/2.9/2006 -6.88 55.75 BALANCE AFTER THESE TRANSACTI ONS------> 55.75 PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERV ICES PARTIAL ACCOUNT LISTING DATE 3/21/2007 REMOTE PRINT TIME 13:56 FROM ACTIVE FILE PAGE 1 INMATE NAME NUMBER LAST FIRST MI STARTI NG BALANCE GD2221 RICHARDSON JOHN K 55.75 BATCH DATE TRANSACTION BALANCE AFTER $# MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 9019 01-19-2007 10 INMATE EMPLOYMENT ALB PAYROLL 2006 - 12 GRP 3 14.40 70.15 6545 01-22-2007 40 FINES/DAMAGES PLRA -2.88 67.27 8045 02-14-2007 32 ALB COMMISSARY FOR 2/14/2007 -2.62 64.65 9047 02-16-2007 10 INMATE EMPLOYMENT ALB PAYROLL 2007 - O1 GRP 3 15.12 79.77 6839 02-16-2007 40 FINES/DAMAGES PLRA -3.02 76.75 6894 02-23-2007 60 VCF DEDUCTION CC15243/95 02/23/07 -7.68 69.07 6921 02-27-2007 37 POSTAGE -l.ll 67.96 7089 03-13-2007 38 INSIDE PURCHASES VENDA CARD -5.00 62.96 7124 03-15-2007 37 POSTAGE -1.59 61.37 7124 03-15-2007 37 POSTAGE -1.59 59.78 7124 03-15-2007 37 POSTAGE -2.07 57.71 9075 03-16-2007 10 INMATE EMPLOYMENT ALB PAYROLL 2007 - 02 GRP 3 12.96 70.67 9075 03-16-2007 60 VCF DEDUCTION CC15243/95 03/16/07 -1.30 69.37 7156 03-19-2007 40 FINES/DAMAGES PLRA -2.59 66.78 BALANCE AFTER THESE TRANSACTIONS------> 66.78 c? -~- c_ ~ ,,.~ y ~ s,~ ~~ : -r ~ ~ ~_ ": , . ca _ ~- -' ~..~ "f6 X11 ~, 1 ' ~ }: _ • • ~' ` ~ ~"L ~~ F ; ~_ d+ ~ In The Court Of Common Pleas Of Clmiberland County, Pennsylvania Civil Division John K. Richar3san, Plaintiff v. Donald L. Kelchner, et al., Defendants Notice To Defend You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (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 f_or 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 P;E'FORf~ ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BIIlOW TO FIND OUT WHERE YOU CAN GET LEGAL HII.~P• C~nberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 In The Court Of Common Pleas Of C~unberland County, Pennsylvania Civil Division John K. Richardson, Plaintiff v. Donald L. Kelchner Superintendent State Correctional Institution at Camp Hill 2500 Lisburn Road Camp Hill, PA 17011, Defendant Civil Division "JURY TRIAL DEMANDID" In The Court Of Common Pleas Of Cumberland County, Pennsylvania Civil Division John K. Richardson, Plaintiff v. Donald L. Kelchner, et a1., Defendants PRAECIPE To Prothonotary: Please enter plaintiff's demand for a jury trial in the above action. D-2221 10745 Route 18 Albion, PA 16475-0002 Date: March 29, 2007 List Of Defendants l.) Mr. Donald L. Kelchner. Mr. Kelchner is the Superintendent at the State Correctional Institution at Camp Hill ("SCI-CH"), and is an employee of the Penn- sylvania Department of Corrections ("DOC"). As such, he is responsible for the day-today operation of SCI-CH. He is being sued individually and in his official capacity. 2.) Mr. David E. Patton. Mr. Patton is the Deputy Superintendent for Central- ized Services at SCI-CH. As such, he is responsible for the day-to-day operation of SCI-CH. He is being sued individually and in his official capacity. 3.) Mr. Eugene J. Brannigan. Mr. Brannigan is the Deputy Superintendent for Facility Management at SCI-CH. As such, he is responsible for the day-to-day operation of SCI-CH. He is being sued individually and in his official capacity. ~4.) Mr. Jeffrey K. Ditty. Mr. Ditty is the Deputy Superintendent of the DOC Diagnostic and Classification Center at SCI-CH. As such, he is responsible for the day-today operation of the DOC Diagnostic and Classification Center. He is being sued individually and in his official capacity. 5.)First Name Unknown ("FNU") Notarfrancesco. Mr. Notarfrancesco is a Unit Manager at SCI-CH. As such, he is responsible for the day-today operation of the housing unit at SCI-CH where he is assigned. He is being sued individually and in his official capacity. 6.) FNU Ressler. Mr. Ressler is a Correctional Officer ("CO") of the rank of captain at SCI-CH. As such, he is responsible retaliatory crimes are not committed against inmates at SCI-CH. He is being sued individually and in his official capacity. 7.) Mr. Ian W. Taggart. Mr. Taggart is the Administrative Assistant to Super- intendent at SCI-CH, and SCI-CH's grievance coordinator. As such, he is responsi- ble for stopping crimes being committed against inmates after the crimes are brought to his attention. He is being sued individually and in his official capaci- ty. 8.) Mr. FNU Lar'cy. Mr. Lamy is a CO at SCI-CH. As such, he is responsible for being law-abiding while in the capacity of a CO. He is being sued individually and in his official capacity. g.) Mr. FNU Burka. Mr. Burka is a CO at SCI-CH. As such, he is responsible for being law-abiding while in the capacity of a CO. He is being sued individually and in his official capacity. 10.) Mr. FNU Martin. i~ir. Martin is a CO at SCI-CH. As such, he is responsible for being law-abiding while in the capacity of a CO. He is being sued individually and in his official capacity. 11.) Mr. FNU Bridges. Mr. Bridges is a CO at SCI-CH at SCI-CH. As such, he is responsible for not stealing from inmates at SCI-CH. He is being sued individually and in his official capacity. 12.) Mr. FNU Reed. Mr. Read is a CO of the rank of sergeant at SCI-CH. As such, he is responsible for not stealing from inmates at SCI-CH. He is being sued indivi- dually and in his official capacity. 13.) P~4r. FNU Baity. Mr. Baity is a CO at SCI-CH. As such, he is responsible for not stealing from inmates at SCI-CH. He is being sued individually and in his offi- cial capacity. 14.) ivTr. I'~N Moore. /Ir. i/~oore is a CO at SCI-CIi. As such, he is responsible for t~Ot ~: ~ealin~, from lr1':tateS . ire i S bc'i n~ ,:Lied i nd1VldLially aYld i ri h1s Uff C1al Capa- C1ty. 15. ) r~~TU Last i~Tal-ne UnknoT,rm ( "LNII") . PAN LIEN is a CO at CI-CH. As such, he is responsible for not acting in concert with other COs who are stealnnt, from inmates. He is Y;eir.~ sued individually and in his official capacity. 1F;.) _i'TV N77ite, :~';r. ',v~ite is a CO at .,CI-CH. ~,s such, he is respcn'~ible for :got acting in a capricious a.nd arbitrary marL~er with inmates property. He is being sued individually and in his official capacity. 17.) Other Unearned Lefendants. F~ach of these individual's are employed at SCI-CH. each is being; sued individually and in his official capacity. 18.) FNU Bloor. Mr. Bloor is a CO at SCI-CH. As such, he is responsible for conducting himself in a law-abiding manner. Mr. Bloor is not supposed to tell an inmate, quote: "I will knock you out. Your face is going to hit the concrete. Write on a grievance that I called you a dickhead," end quote, whenever an inmate asks him for a grievance form. He is being sued individually and in his official capacity. ComPla'~n~ Statement Of Claim l.) On the date of March 31, 2005, defendant Bloor knowingly and intelli- gently violated 18 Pa.C.S. ~ 2706 (Terroristic threats), of the Pennsylvania Crimes Code, when he threatened the Court's manifestly hapless plaintiff when plaintiff asked him for a grievance forth so that he could very right- fully complain about how the State Correctional Institution at Greene didn't transfer plai.xitiff's wristwatch with plaintiff when plaintiff was transfer- red from the State Correctional Institution at Greene to the State Correc- tional Institution at Camp Hill ("SCI-CH") on March 30, 2005. Plaintiff realizes that the civil penalty is a very poor substitute for the criminal one, plaintiff has filed a legitimate private criminal complaint in accordance with Rule 506(A), Pennsylvania Rules of.Criminal Procedure, with the Cumberland County nistrict Attorney's Office in regards to defendant Bloor. The Eighth Amendment to the United States Constitution (the United States Constitution is the fundamental law of our great republic as well as its writ- ten conscience) forbids punishments that are cruel and unusual. Inmates being threatened with physical harm over complaining the unjustifiable loss of their personal property constitutes cruel and unusual punishment. 2.) 61 P.S. ~ 101 states that inmates confined in any Pennsylvania peni- tentiary must be given two hours exercise in open air weather perm.ittinq. 61 P.S. ® 102 states that inmates confined in any Pennsylvania penitentiary should not take their exercise in their cells. On the date of April 3, 2005, plaintiff was unable to exercise his right to outdoor exercise due to not having a winter coat that should have been. available to him while he was being housed on SCI~i's F-Block undergoing medical testing. 3.) On the date of June 29, 2005, plaintiff was not permitted exercise in accordance with 61 P.S. ~ 101 due to arbitrary nature of the staff of SCI- CH. Plaintiff was forced to wait in his cell on SCI-CH's J-Block during both the morning and the afternoon so he could qo to commissary. The staff of SCI- CH capriciously closed the yard during the evening of June 29, 2005 due to the way the skies were overcast. No precipitation had fallen that would have barred the conduction of_ outdoor exercise. 4.) Defendant Notarfrancesco was the unit manager for J-Block at SCI-CH where the Court's manifestly hapless plaintiff was being housed while under- going the classification process. nefendant Notarfrancesco exhibited deliber- ate indifference each and every time plaintiff tried to make him aware of the abuse he was experiencing on J-Block at the hands of correctional officers. The abuse plaintiff was subjected to was violative of the Eighth Amendment to United States Constitution. 5.) Plaintiff was wrongfully denied access to SCI-CH's commissary on the respective dates of May 18, 2005 and May 25, 2005 as retaliation for f_ilinq grievances in regards to defendants Burka and Larty who wanted to leave night lights burning in cells on J-Block so they wouldn't have to shine flashlights in cells at night while during security checks between the hours of 10:00 p.m. and 6:00 a.m. when they worked SCI-CH's third shift. On May 13, 2005, defendant Martin knowingly and intelligently violated 18 Pa.C.S. ~ 2709 (Harassment), of the Pennsylvania Crimes Code, by informing plaintiff that he would also "lose" if plaintiff complained about the conduct of the correctional officers that worked on J-Block. 6.) On the date of May 27, 2005, defendant Notarfrancesco tried to clean up plaintiff's deliberate loss of commissary by resorting to prevarication. Notarf_rancesco f_alsel`~7 t-nL3 plaintiff that plaintirf's mc>nev was "transferred" from SCI-CH to some other correctional institution operated by the DOC and this is "why" plaintiff couldn't avail himself of_ commissary on the dates of May 18, 2005 and May 25, ?_005. 7.) Plaintiff was confined at SCI-CH between the dates of March 30, 2005 and August 1, 2005. Plaintiff needed food items from SCI-CH's commissary on a weekly basis due to the way plaintiff's caloric needs were not being met by the small portions of food that plaintiff was receiving in SCI-CH's inmate dining hall. Budgetary constraints had forced the DC)C to cut back on the ca- loric content of its meals in its institutions so inmates are forced to adapt through commissary purchases to supplement their diet. On the date of May 30, 2005, defendant Bridges knowingly and intelligently violated 18 Pa.C.S. 8 3921 (Theft by Unlawful Taking or Disposition), of the Pennsylvania Crimes Code, when he took commissary items from plaintiff after plaintiff borrowed them from another inmate out of hunger. Bridge's did not issue plaintiff a confiscation form as required by DOC policy because he in- tended on eating the food himself. Plaintiff simply paid back the inmate he borrowed from after Bridges called himself performing his "confiscation" act. 8.) On the date of July 12, 2005, defendants Reed, Baity, Moore and FNU LNU violated 18 Pa.C.S. ~ 3921 (Theft by Unlawful Taking or Disposition), of the Pennsylvania Crimes Code, when they came to plaintiff's cell to rob him under the guise of a cell search. These defendants took several unopened items of food that plaintiff had purchased recently in SCI-CH's commissary from plaintiff without issuing plaintiff an appropriate confiscation form as re- quired by DOC policy. Such brazen thefts are violative of the Eighth Amendment to the U.S. Con- stitution seeing how they constitute cruel and unusual punishment. The Fifth Amendment to the United States Constitution states that none can be deprived of property without the due process of law. Correctional officers stealing from inmates hardly constitutes the due process of law. 9.) On the date of July 13, 2005, defendant Ressler knowingly and intelli- gently violated 18 Pa.C.S. ~ 2903 (False imprisonment), of the Pennsylvania Crimes Code, by wrongfully ordering that plaintiff be confined in SCI-CH's Restricted Housing Unit ("RHU"), a.k.a. "The Hole," under the guise cf a so- called investigation. Defendant Ressler had the Court's manifestly hapless plaintiff wrongfully tossed in RHU out of retaliation for plaintiff filing grievances that made SCI-CH's correctional officers look bad. On the date of July 13, 2005, a pederast from Mechanicsburg, Pa., named Eric Brawn was subjected to vigilantism at the hands of inmates at the prompting of correctional officers who worked SCI-CH's J-Block. Plaintiff surmises that Brawn's young male victim was a relative of someone employed at at SCI-CH, and this is why four vigilantes were allowed to qo into action on the date of July 13, 2005 on SCI-CH's J-Block. Defendant Ressler knew it was physically impossible for plaintiff to serve as one of the vigilantes in regards to Brawn due to the way plaintiff was celled on A-Wing of SCI-CH's J-Block, and Brawn was being celled on B-Wing of J-Block at the time. Plaintiff was locked in his cell reading library books at the time of Brown's assault that occurred during an inmate pill line movement. Correctional officers were most definitely the ones who orche- strated Brown's assault on July 13, 2005 when one considers how tight the se- curity is at SCI-CH when inmates are undergoing classification. Plaintiff was wrongly confined in SCI-CH's RHU for seven days out of Ressler's dislike of plaintiff. 10.) Plaintiff's conditions in RHLT were violative of the Eighth Amendment to the United States Constitution. SCI-CH's RHU is D-Block of SCI-CH. D-Block's windows were deliberately shut by correctional officers to make inmates bake in their RHU cells. Plaintiff's cell was made unbearably hot by D-Block's windows being shut in the hottest days of summer. Plaintiff's cell walls were encrusted in rust making the cell dreadful in apoearance. The RHU cell's sink had a clogged drain making the sink unsani- tary. The cell had an awful smell to it due to not being properly cleaned and sanitized. Plaintiff_ actually became sick while being wrongly confined in RHU by contracting one nasty cold as a result of the unsanitary conditions. 11.) The correctional officers who work SCI-CH's RHLJ believe it is their right to additionally punish inmates by depriving them of meals. Inmates are randomly selected to be deprived of meals. On the date of July 15, 2005, defendant Lee capriciously deprived plaint- iff of his lunch. C?n July 16, 2005, plaintiff was capriciously deprived of his breakfast by another correctional officer. Plaintiff's wrongful confinement in SCI-CH's RHtJ caused him extreme mental anguish. 12.) Plaintiff lost personal property in violation of the Fifth Amendment to the United States Constitution as a result of his illegal confinement in RHLT . 13.) Plaintiff was a homeless person at the time he was taken into custody in Allegheny County, Pa., on November 3, 2004 on a so-called probation viola- tion. The Court's manifestly hapless plaintiff was made to suffer a constitu- tionally infirm criminal conviction in Allegheny County in the year 1995 as a result of his tragic penury. Plaintiff's penury did not allow him to retain a formidable lawyer of the likes of an A. Charles Peruto, Sr. or a William C. Costopoulos to put a rightful halt to what was being criminally done to plain- tiff at the hands of the authorities of Allegk~eny County so plaintiff had to suffer accordingly iri the form of wrongfl~l imprisonment .once the so-called pro- bation was violated. Plaintiff needed his clothes that he had on his back when he was taken into custody on November 3, 2004. Defendant White arbitrarily threw away plaintiff's much-needed clothing on May 24, 2005. The wrongful loss of plaintiff's much- needed clothing was in violation to the Fifth Amendment to the United States Constitution. 14.) Plaintiff does not know the identities of the other unknown defendants who serve in a supervisory capacity at SCI-CH. Each of these defendants are culpable for what plaintiff unconstitutionally suffered at SCI-CH while suffer- ing wrongful confinement. 15.) Defendant Taggart had a responsibility to stop the crimes that were being committed against plaintiff at the hands of SCI-CH's COs after being made aware of them through plaintiff's valid use of the DOC inmate grievance procedures. Crimes being committed against inmates while in custody of the DOC, whether legally or illegally, constiutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. 16.) Tl:e Fourteenth Amendment to the United States Constitution states that none can be deprived the equal protection of the laws. The Court's mani- festly hapless plaintiff did not enjoy the equal protection of the laws when the defendants were committing their unconstitutional acts against plaintiff. Relief ti+IHEREF'ORE, plaintiff requests that the Court grant the following relief: A. Issue a declaratory judgment that: 1. The defendants violated both the United States Constitution and state law when they deprived plaintiff of property, deprived plaintiff of exercise, terroristically threatened plaintiff, and wrongfully con- fined plaintiff in a state penitentiary's Restricted Housing Unit, a.k.a. "The Hole," in conditions that were shocking to the conscience. B. Award punitive and compensatory damages to be specified at a later date. C. Grant such other relief as it may appear plaintiff is entitled. Respectfully submitted, GD-2221 1075 Route 18 Albion, PA 16+75-0002 I, John K. Richardson, plaintiff, do verify that the facts set forth in this lawsuit are true and correct to the best of my knowledge or informa- tion and belief. This verification is made subject to penalties of Section 490 of the Pennsylvania Crimes Code (18 Pa.C.S. ~ 490~-) relating to un- sworn falsification to authorities. r,xecuted on: March 29, 2007 -~-~~Z~,~,~-rt1 In The Court Of Corrnnon Pleas Of Cumberland County, Pennsylvania Civil Division John K. Richardson, Plaintiff v. Donald L. Kelchner, Defendants Certificate Of Service I, John K. Richardson, plaintiff, do hereby declare that on this date I caused to be served a copy of a lawsuit by depositing a true and correct copy of same in a state penitentiary's housing block's mailbox to be de- livered via U.S. Mail, first-class, addressed to the following: Office of the Chief Counsel Pennsylvania Department of Corrections P.O. Box 598 Camp Hill, PA 17001-0598 ~~ ' GD-2221 10745 Route 18 Albion, PA 16475-0002 Date: March 2g, 2007 ?- ~~ '.t7 ~ CV b-- CF ~ `' ~ =~- - _ -_- I I i % ~ - C . _ ~ ~-- + _ _ o M1_ ~ ~~ N L} JOHN K. RICHARDSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD L. KELCHNER, ET AL., DEFENDANTS 07-1833 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of April, 2007, plaintiff is granted leave to proceed in forma pauperis. ~n K. Richardson, GD-2221 10745 Route 18 Albion, PA 16475-0 :sal By the Court, ~i" ~ ~' .f:. ~ ,~^ ~~~ .~ ~`rl,iS 1 ~ iii.' 1 I ~ i_i V ~°~ '~ .. 7 ~,.f i7 .. ._. _ ..~,%iti. ~. -