HomeMy WebLinkAbout99-00765
I . PACTS
1. Upon transfer of Petitioner into SCI-Camp Hill dated July
2, 1998, correctional guard "E. O'Connor" immediately confiscated
and destroyed Petitioner's "personal property" absent affording
Petitioner "due process" dated July 10, 1998. Petitioner filed a
"DC-ADM 804 OFFICIAL INMATE GRIEVANCE" at SCI-Camp Hill requesting
reimbursement of Three-Hundred and Fifty-Two Dollars ($352.00) da-
ted July 15, 1998. Superintendent Kenneth D. Kyler (Respondent)
denied Petitioner's DC-ADM 804 Grievance dated July 31, 1998. Pet-
itioner filed his "Final Appeal" with the "CORC" in the "DOC" dat-
ed August 14. 1998. Executive Deputy Commissioner Jeffrey A. Beard
from "CORC" in the "DOC" granted Petitioner's "Final Appeal" by
remanding the DC-ADM 804 Grievance back to SCI-Camp Hill to reimb-
urse Petitioner dated September 18, 1998. ~
2. Superintendent Kyler (Respondent) reimbursed Petitioner
One-Hundred and Ninety-Four Dollars and Seventy-Seventy cent ~19~
77~) dated October 19. 1998, while intentionally failing to reimb-
urse Petitioner One-Hundred and FortY-Eight Dollars and Fifty cent
($148.50~) for Petitioner's "commissary items, AddidasSneakers,
weightlifting belt, and return the "AC Adapter" to Petitioner's
'OPTIMA TV ANTENNA'" dated October 19, 1998. See hereto attached
Petitioner's APPENDIX "A." 'I
. 3. Petitioner filed an appeal to Superintendent Kyler (Respon-
dent) and said appeal was denied by Superintendent Kyler (Respond-
ent) dated October 22, 1998. See hereto attached Petitioner's
APPENDIX "B.. 'I
2
4. Petitioner filed his final administrative appeal with the
.CORC. in the .DOC" dated October 27, 1995~ Robert S. Bitner (Res-
pondent), whom is the Chief Hearing Examiner in the .CORC. denied
said appeal dated December 2, 1998; Petitioner came into receipt
of said final .Order" denying said appeal dated December 2~ B9&
~ hereto attached Petitioner's APPENDIX .~." .
II. ARGUMENT
5. MANDAMUS: AN EXTRAORDINARY REMEDY
A. DEFINITION AND STATUTORY AUTHORITY
The statutory authority for Mandamus is found in Pa.R.Civ.P.
Rule 1095. This Court has original jurisdiction to hear actions
brought to compel a office of the United States to perform his
duty. Generally, Mandamus may be defined as a Command or Order is-
suing from a court of law directed to some inferior court, agency,
board, corporation, or person requiring performance of a particul-
ar duty, which results from the official station of the party to
whom the Writ is directed to from operation of positive law. See.
HOLLOWAY. V. LEHMAN ,
Pa.Commonwealth Ct.
, 671 A.2d
1179
(1996). 'I
6. The "Act of July 31,1970, P.L. 673, as amended, 17 P.S. S
211.101 et seq.," gives this Court original jurisdiction of all c-
ivil actions. or proceedings against the Commonwealth or any .offi-
cern thereof, acting in his official capacity. See 17 P.S. S 211.-
401 (BlIIpbasis added) . Also, this encompasses declaratory jUdgment
1. Superintendent Kyler (Respondent)
gave Petitioner an additional $5L
7l~ from the commissary items
while Petitioner's final appeal
was pending with the .CORC~ dated
11/9/9S. See hereto attached
Petitioner's (Exhibit "A").
3
actions.
See 42 Pa.C.S.A. S5761(a)(1), 761(b). DC-ADM 804 was
promulgated pursuant to powers given the "DOC" by Pennsylvania's
State law to prescribe rules and regulations.
See 71 P.S. S 186.
This Court is asked to take judicial notice of its contents. Also,
the "DOC" ~nmate Grievance System' is established under 37 Pa.
Code S 93.9, and the denial of Petitioner's "DC-ADM 804 Grievance
Final Appeal" by the .CORC" is directly appealable as a matter of
right in this Court. ,
7. This Court defined the term .officer,. for jurisdictional
purposes, as "those persons who perform state-wide
policymaking
functions and who are charged with the responsibility for indepen-
dent initiation of administrative policy regarding some sovereign
function for State government." Section IV(D) of the "DOC. Policy
Statement No. DC-ADM 804, entitled "Consolidated Inmate Grievence
Review System (Inmate Review System)," defines .CORC" as "[a]
committee of at least three (3) Central Office staff appointed by
the Commissioner of Corrections to include the commissioner~ Exec-
utiveDeputy Commissioner and Chief Counselor their
designees."
Section IV(D) goes on to state that "CORC" shall have responsibil-
ity for direct review of .all inmate appeals for Final Review." (
Emphasis added). Therefore: it is clear from these definitions th-
at " CORC " functions on a state-wide level. '1
8.
\: ,~
Webster's Third New International Dictionary defines policy
as "a definite course or method of action selected (as by govern-
ment, institution, group, or individual) from among alternatives
2. Subsequently the Commissioner of
the .DOC" had his official title
changed to .Secretary" in Pennsy-
lvania in the year of 1997.
4
and in light of given conditions to guide and determine present
and future decisions." See Webster Third New International Dictio-
nary 1754 (1986). Section II of Policy Statement No. DC-ADM 804
states that it is the purpose of the Inmate Review System to "est-
ablish pOlicy and ensure that inmates have an avenue through which
resolution of specific problems can be sought. As the final level
of review in the Inmate Review System "CORC" decisions guide and
determine present and future resolution of inmate grievances. This
is conclusive that decisions made by the "CORC" for the "DOC" det-
ermine policy, which performs state-wide policymaking
functions,
consistently recognized by this Court, ergo, its decisions are
SUbject to review in this Court's original jurisdiction. ,
IU. CLlUMS
b
9. "DOC" guards do not have authority to confiscate and immed-
iately destroy Petitioner's "personal property" absent affording
Petitioner "due process," violating Pennsylvania law, federal law,
and "DOC" pOlicy. See Pa. Canst. Art. 1 S 1: Art. 1 S lOr Art. 1 S
13: Art. 1 S 20: .Art. 1 S 26: First and Fourteenth Amendments of
the Constitution of the United States, and "DOC" DC-ADM 804 Polic~
"DOC" policy clearly asserts Petitioner can retain three (3) pairs
of sneakers simUltaneously by "DC-ADM 815-4" effective date 5/27/
97. See hereto attached Petitioner's (Exhibit "B"). While Petitio-
ner's "Final Appeal" was pending with the "CORC," Sgt. Henney ver-
ified Petitioner can retain three (3) pairs of sneakers simultane-
OUSly by "DOC" pOlicy dated November 26, 1998. See hereto attached
Petitioner's (Exhibit .C.). Also, "DOC" policy clearly asserts all
items listed upon Petitioner's [DC-153 Personal Property Transfer
5
Sheet] Petitioner shall be permitted to retain at the new receivi-
ng institution. as the following excerpt reveals:
8It is the responSibility of the sending insti-
tution to inventory inmate property prior to
transfer and ensure that it complies witb pol-
icy. !nmate will be permitted to keep no-long-
er-allowed property !! long !!! ~ Uem( S ~ ~
!:! noted on the inmate' s Personal Property !!!::
ventory (DC-lS3) as of the effective date of
the revised DC-ADM 815, which was 12-28-92.8
Id., DC-ADM 815 (V) at 815-2, date of issue 10/10/96 by effective
date 10/15/96, at Policy Number DC-ADM 815. ,
10. Since Superintendent Kyler (Respondent) acknowledged SCI-
Greene approved for Petitioner to retain hie "AC Adapter" to his
.OPTIMA TV ANTENNA" with his three (3) pairs of sneakers as noted
upon Petitioner's (DC-153 Personal Property Transfer Sheet) . dated
I.
July 2, 1998, APPENDIX 8~8 and APPENDIX 8~,8 all Respondents' had
a duty to adhere/abide to "DOC" Policy DC-ADM 815 by returning the
~AC Adapter" back to Petitioner and reimburse Petitioner
Seventy
Dollars ($70.00) for Petitioner's "Addidas Sneakers" dated Decemb-
er 2, 1998, APPENDIX .~:8 since DC-ADM 615 does not prohibit "AC
Adapter" with a television antenna. Exhibit 8~.8 Respondents' fai-
lure to adhere/abide to "DOC" Policy DC-ADM 615 was capricious and
erroneously arbitrary as deliberate indifference to established _~
"DOC" policy; viOlating Petitioner's "due process" rights and gua- .
rantee against cruel and unusual punishment. that joins these Res-
pondents' in declaratory judgment action and being held pecuniari~
ly liable for damages for violating Petitioner's constitutional
rights. See Pa. Conat. Art. 1 $ 13; Pa.C.B.A. 55 7531-7541: 42.
U.S.C.A.S 1983.
6
11. Petitioner took his weightlifting belt from transfer from
SCI-Huntingdon to SCI-Greene dated June 19, 1996. Petitioner is
not responsible for Respondents errors by not keeping accurate re-
cords from transfers, that resulted in Superintendent Kyler's (Re-
spondent's) erroneous fact-finding, APPENDIX a~,a that Robert S.
Bitner (Respondent) failed to check into. "CORC" Robert S. Bitner
(Respondent) had a duty to reimburse Petitioner Twenty-Six Dollars
and Seventy-Nine cent 1$26.79~) for Petitioner's weightlifting be-
It. Petitioner apprised Respondents' during all appeals that Peti-
tioner's television antenna will not work absent its "AC Adapter"
that came with the antenna, by attaching the antenna's instruction
sheet to Petitioner's appeals address to them~ See hereto attach-
ed Petitioner's (Exhibit aDa). f
IV. REMEDIES
12. Petitioner is seeking declaratory, pecuniary, and injunct-
ive relief by a .ORDERa from this Court aIN THE NATURE OF MANDAMUS.
directing Respondents' to reimburse Petitioner Ninety-Six Dollars
and Seventy-Nine cent ($96.79~) for Petitioner's "Addidas Sneaker~
weightlifting belt, and the return of the "AC Adapter" to Petitio-
ner's 'OPTIMA TV ANTENNA.' DC-ADM 804 Inmate Grievance System st-
atas Petitioner can seek compensatory relief from violations of
"DOC" policy, Petitioner complied with this "DOC" pOlicy by reque-
3. Superintendent Kyler (Respondent)
acknowledged DC-ADM 815. permits a
television set to be acceptable
at any institution, APPENDIX "B."
THERBFORE~ all parts of the -TV
antenna which includes its aAC
Adapter" to the ;.antenna must be
acceptable as well since its part
of the tslevision set.. Exhibit a~ a
7
sting a total reimbursement of Three-Hundred and Fifty-Two Dollars
($352.00) inside Petitioner's original DC-ADM B04 OFFICIAL INMATE
GRIEVANCE dated July 10-15, 199B. Black's Law Dictionary defines
"compensatory," as "pay, make amends, to make a party whole monet-
arily." Petitioner has suffered deprivations in money/property,
as well as emotional and mental stress from Respondents' illegal/
unlawful praotice. In this instant matter Petitioner has proven
Respondents' have failed in their duty to "fully compensate Petit-
ioner," and Petitioner has a right to expect the 'DOC. Respondents
to abide by its own "DOC" policy. Petitioner has no other adequate
and appropriate remedy except to appeal to this Court, for this
Court to compel Respondents' to fulfill their duty. ,
CONCLUSION
WHBREPORB. for the above-stated facts and reasons,
Petitioner
prays this Honorable Court shall issue a .ORDSR. directing Respon-
dents' to immediately pay Petitioner Ninety-Six Dollars and Seven-
ty-Nine cent ($96.79*) and return the "AC Adapter" from Petitione-
r's 'OPTIMA TV ANTENNA" back to Petitioner, from their failure to
adhere/abide by "DOC" policy in violation of Petitioner's constit-
utional.rights.
Respectfully submitted.
Byl '\ ,~l;'\:\~", ~). ~.J"\."'"'>..,..''-'''
CIlrtiu S. Brandon
AP-2332
P.O. Box 999. 1120 Pike St.
Huntingdon. PA. 16652
Petitioner. e2 !!!!
Date: Dec:ember 30, 1998
8
(
"t..:'
DC-ADM 815 (revised 2/97)
.-
RadiolTelevision Combination; radio will be AM or AM/FM cassette player o:tly,
battery and/or AC operated with earphones. Clocks. alarms, CB, weather,
shortwave. public service bands. recording capability and outside
purchase of cassette tapes not permitted. Television set will have
maximum screen size of thirteen inches measured diagonally, .38 amps or
46 watts average power drain. Inmates who choose to purchase
combination units will not be permitted any other radio or television sels;
(limit 1) The Commissary shall meter (check) the wattage draw of all new
incoming television sets. Any television being transferred from ona
correctional Institution to another shall be deemed acceptable;
Religious items; in accordance with OC-ADM 819 and D.O.C. policy 7.5.1, and
reviewed by the religious coordinator.
Sandals; (limit 1 pair)
Shirts or Blouses; wa~hab/e unlined only. white only. Females must be ai/east
. waist-length, alleast 3".sleeves, no tank tops, no strepless; (limit 4)
Shoes; dress or worn, maximum height of 6" measured from inside to top of shoe,
maximum heel height of 11/4", no steel toes, no metal buckles, streps, catches,
pocket or fur linings, maximum $100.00; (limit 2 pair)
Sneakers or Tennis Shoes; air pumps and removable air pockets prohibited.
Maximum $80.00 per pair, for leisure activities only; (limit 3 pair in any 12
month period). Pull:hase must be made by the inmate through established
Institution procedures from a vendor approved by the Institution or a
recognized catalog.
Slippers; shoe or sock type; (limit 1 pair)
Television: up to 13" screen, black and white or color with earphone, 46 walts, .38
amps, average power drain, on screen clock acceptable: Oimit 1). Remote control
units will be sent out at the inmate's expense. The Commissary shall meter
(check) tl)e wattage draw of all new incoming television sets, Any television being.
transferred from one correctional institution to another shall be deemed
acceptable.
. Television antenna; if approved by Institution, indoor, $25.00 maximum; (limit t)
Thermal underwear; thermal knit type, no insulated underwear - white only, (limit 3
pair)
Typewriters; portable, manual, battery operated or electric, AC adapters permitted,
maximum $350.00. Must be shipped directly from vendor, use regular (no
thermal) typing paper, use only A.A, C. 0 or 9 volt size batteries available in
commissary, replacement typewriter ribbons/cartridges may be ordered
from vendor. Although typewriters with memory are permitted, the
Department prohibits the storing of Information. Inmates who acquire
tyP'llwriters are to be Informed that the Department reserves ttie right .
to temporarily remove the batteries, and thus eliminate any stored.
Information. The following options or accessories are not permitted:
1. Computer Interface andlor extemal printer components (the
term "computer interface" includes built-in and external
modems)
2. External disk drives.
Underwear; shorts brief or boxer type, washable male only - white, (limit 6 pair
I total)
T-shirts; any styie, no logos permitted, no mesh, females - no tank tops. white.
only (limit 6)
Waist shaper; (limit 1)
Watch; $50.00 maximum, time, day and date feature only; (limit 1)
\i\'::t""'~ ~.::II.~Hic.c: '
. .. FEB 1 0 199~j .
99- 7?-5 . . I
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
CURTIS E. BRANDON,
Petitioner
v.
MARTIN HORN et al.,
Respondents
No. ~~ M.n. 1999
PER CURIAM
ORnER
NOW,
January 8,
1999,
upon consideration of
petitioner's petition for review, and it appearing that petitioner
seeks money damages for a tort action, and that this matter is not
within this court's. original jurisdiction, Balshy v. Rank, 507
Pa. 384, 490 A.2d 415 (1985) iFawber v. Cohen, 516 Pa. 352,
32 A.2d 429 (1987), this matter is transfarred to the Court of
Common Pleas of Cumberland County.
The Chief Clerk shall certify a photocopy of the
.docket entries
of the above matter and the record to the
Prothonotary of the Court of Common Pleas of Cumberland County.
CERTIFIED FROM THE RECORD
AND ORDER EXIT
JAN 11 1999
C'1l. ~ (l 7-
I'leputy Prothonotary - Chlete/erk
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IN THE COURT OF COMMON PC.EAS
CURTIS E. BRANDON, :
Petitioner .
.
.
.
V. .
.
.
MARTIN HORN, et al., .
.
Respondents' .
:
OF CUMBERLAND COUNTY 9 9 -'f"',~
CIVIL DI.YIS~ON . Ih Oil/it
MAR .L 0 /999P/ .
No. 11 M.D. 1999 from
THE COMMONWEALTH COURT OF PA.
PETITIONER'S MOTION FOR CLARIFICATION OF THE STATUS OF
No. 11 M.D. 1999 THAT WAS TRANSFERRED TO THIS COURT BY
THE COMMONWEALTH COURT OF PENNSYLVANIA DATED 1/8/1999
AND NOW. comes. your pro ~ Petitioner, Curtis E. Brandon, who
files the above said motion for clarification of the status of his
petition which THE COMMONWEALTH COURT OF PENNSYLVANIA had transfe-
(
rred to this Court regarding "No. 11 M.D. 1999" dated 1/8A999, and
pr..en" the fOl1~in:~CEDURAL HISTORY I FACTS :i::;~,~lil
1. Petitioner initiated this civil action by filing a Writ Of". .:. :.' ':. ,lIlt:
:::::mue wit. THE COMMONWEALTH COURT OF PEN'SYLVANIA .et"Jigj!t~l\~~~
2. THE COMMONWEALTH COURT OF PENNSYLVANIA issued an "ORDER~,"<;ti:i "'C.
'" ,,:'.;,: -,:,-,::),:{,{~~~);.\~~~.;'
transfer this civil action to this Court by its "ORDER" datEi~';:!',
1999. See hereto attached Petitioner's APPENDIX "A."
.-
3. As of this date Petitioner has not heard anything
Court regarding how Petitioner should proceed nor the
his petition.
REQUEST
Will this Court kindly advise Petitioner of the
and status of this matter in this Court's jurisdiction...
,'", <\~;"
Respectfullysubl1lf,'
, .' ." ~.- ;,;',
By:
Date: February 12, 1999
Brandon'.. .
DV 2954 . .'.,;.:}))
- ,'.",: ""';'''''~'',<,
. P.O. Box 999,1120.';(
Huntingdon, PA.16~,'.
Pet1t1.0ner. pro!!.,,~
; ,,',",':)~:t
PLeAS OF CU1'lBeltLI\ND COUN'rlr
CURTIS E. BRANDON, : CIVIL DIVISION
Petitioner .
.
.
.
V. I No. 11 M.D. 1999 from
I THE COMMONweALTH COURT OF PA.
MARTIN HORN, et a1., .
.
Respondents I
~!!!.!.~!.~TION OF ~Y!.!:~
I, Curtis E. Brandon. Petitioner, hereby certify that on Febru-
ary 12, 1999, I caused to be served a true and correct copy of the
foregoing document entitled "PETITIONER'S MOTION FOR CLARIFICATION
OF THE STATUS OF No. 11 M.D. 1999 THAT WAS TRANSFERRED TO THIS CO~
aRT BY THE COMMONWEALTH COURrOF peNNSYLVANIA DATED 1/8/1999" by
deP9siting same into the United States Mail, First-class, postage
prepaid, to the person listed below as follows:
Secretary Martin F. Horn
P.O. BOK 598
'Camp Hill, PA. 17001-0598
___s,'~ .v~~._
Curtis E. Brandon .
Petitione~ pro ~
2