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HomeMy WebLinkAbout11-0151IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. BRYAN ANGLE, n : No. Civil Action Equity Defendant 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 for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WIRE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 sq oo pc-c 1?,? 2 92J 78 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. BRYAN ANGLE, Defendant COMPLAINT No. Civil Action Equity AND NOW, comes the Plaintiff, Commonwealth of Pennsylvania, Department of Corrections, by and through its undersigned counsel avers the following in support of this Complaint: 1. This action is brought in the Court's original jurisdiction. 2. Plaintiff is the Commonwealth of Pennsylvania, Department of Corrections. 3. Plaintiff is an executive agency of the Commonwealth of Pennsylvania responsible for administering the state correctional system, including the State Correctional Institution at Camp Hill (hereinafter "SCI-Camp Hill") 4. Defendant Bryan Angle is an inmate presently incarcerated at SCI-Camp Hill, Camp Hill, Pennsylvania. 5. Inmate Bryan has stopped eating as of December 25, 2010. 6. Inmate Bryan has missed 30 meals since December 28, 2010. He weighed 120 pounds as of December 29, 2010. He has refiised to be weighed. 7. Inmate has refused all and all medications. He was to have the diphtheria vaccine on January 1, 2011. 8. Inmate has not stated why he is refusing to eat. 9. It is the opinion of Dr. Zimmerly, Medical Doctor at SCI-Camp Hill, that Inmate Bryan will be in imminent danger of the loss of life or other irreparable harm unless he eats. (See Affidavit of Dr. Zimmerly attached hereto as Exhibit "A"). 10. Permitting Inmate Bryan to engage in a suicidal act by refusing to eat will cause a significant disruption to the orderly administration of SCI-Camp Hill. The effects of his death would demoralize the staff and instill the belief in the inmate population that the prison administration caused and permitted Inmate Bryan's death. This will lead to animosity toward the staff and undermine confidence in prison authority. WHEREFORE, based on the foregoing, the Commonwealth of Pennsylvania, Department of Corrections, requests this Court to enter an Order: (a) Authorizing the Plaintiff or Plaintiffs designee, through medical staff, to involuntarily examine Defendant and administer medical treatment to him, including performing invasive diagnostic tests (including blood and urine tests), providing medication, and by supplying nutrition and hydration intravenously or otherwise, as may be deemed necessary by Plaintiff, to preserve Defendant's health and life. (b) Providing such other relief as this Court deems proper. Respectfully submitted, Office of Cieneral Counsel BY Department of Corrections 1920 Technology Parkway Drive Mechanicsburg, PA 17050 (717) 738-7763 Attorney ID No. 208039 Date: January 7, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. BRYAN ANGLE, Defendant VERIFICATION No. Civil Action Equity I, Theresa Law, am the duly appointed Corrections Health Care Administrator at the State Correctional Institution at SCI-Camp Hill and am authorized to make this verification. I have reviewed the attached Complaint with respect to the involuntary treatment of Bryan Angle. I hereby verify that the allegations contained in the attached Complaint are true and correct to the best of my knowledge, information and belief. I make this verification subject to the penalties under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: January 7, 2011 The esa Lai Corrections Health Care Administrator SCI-Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. No. BRYAN ANGLE, Defendant : Civil Action Equity PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint was served on the person and in the manner indicated below: Personal service by hand-delivery BRYAN ANGLE- HY 2333 SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17001 ,:=.. --4ZA Th esa L Corrections Health Care Administrator SCI-Camp Hill Date: January 7, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. No. Civil Action Equity BRYAN ANGLE, . Defendant UNSWORN AFFIDAVIT I, Jack Zimmerly, M.D., state the following: 1. I am a medical doctor licensed to practice medicine in the Commonwealth of Pennsylvania. I am currently a medical doctor at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). 2. I am familiar with Bryan Angle ("Defendant"), who is an inmate at SCI-Camp Hill. 3. Inmate Bryan has stopped eating as of December 25, 2010. He is not taking fluids. Inmate Bryan has missed 30 meals since December 25, 2010. 4. He weighed 120 pounds as of December 29, 2010. He has refused to be weighed. 5. Inmate has refused any and all medications. He was to have the diphtheria vaccine on January 1, 2011. 6. Inmate is not on any other medications. 7. Inmate has refused to say why he is not eating. I understand that this statement is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: January 7, 2011 Jack ' rl , SCI-Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. BRYAN ANGLE, TI Defendant PAR /?- S'/ :No. , co z 5:4. n- . Civil Action Equity Pursuant to Pa. R.C.P. 1531, the Commonwealth of Pe'hhsJ4Vad*, Department of Corrections, petitions this Honorable Court to issue an order ex parte granting the concurrently filed Motion for a Preliminary Injunction pending a hearing because of the following: 1. Plaintiffs Complaint and Motion for Preliminary Injunction in this matter are incorporated by reference as if fully set forth herein. 2. Defendant will suffer irreparable harm, possibly resulting in death, if the relief sought is not immediately granted. 3. Immediate relief, as requested, is necessary to sustain the life and health of the Defendant pending the adjudication of this matter. WHEREFORE, Plaintiff requests this Court to ex parte order a preliminary injunction permitting Plaintiff or Plaintiffs designee to involuntarily examine Defendant and administer medical treatment to him, including performing invasive diagnostic tests, including blood and urine tests, providing medication, and by supplying nutrition and hydration intravenously or otherwise, as may be deemed necessary by Plaintiff through its medical staff, to preserve Defendant's health and life pending the adjudication of this matter. Respectfully submitted, Office of General Counsel BY: ul initi AAssi t Department of Corrections 1920 Technology Parkway Drive Mechanicsburg, PA 17050 (717) 728-7763 Attorney ID No. 208039 Date: January 7, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. : No. BRYAN ANGLE, Defendant : Civil Action Equity PROOF OF SERVICE I hereby certify that a true and correct copy of the Application for Ex Parte Preliminary Injunction was served on the person and in the manner indicated below: Personal service by hand-delivery BRYAN ANGLE- HY 2333 SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17001 A-, tl J1,4 /I I A- i , ?- " I - Dated: January 7, 2011 Theresa La Corrections Health Care Administrator SCI-Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, C-- DEPARTMENT OF CORRECTIONS, "' Ff" Plaintiff, r No. V . BRYAN ANGLE, u Defendant : Civil Action Equity F MOTION FOR PRELIMINARY INJUNCTION 1. Plaintiffs Complaint, Unsworn Affidavit, and Application for Ex Parte Preliminary Injunction in this matter is incorporated by reference as if fully set forth herein. 2. Defendant will suffer immediate, severe, and irreparable harm possibly resulting in death if ongoing, involuntary medical treatment, including nutrition and hydration, are not permitted. 3. Based upon the facts set forth in the Complaint and in Plaintiffs concurrently filed Application for Ex Parte Preliminary Injunction, Plaintiff has a clear right to administer ongoing involuntary medical treatment, including nutrition and hydration. Commonwealth of Pennsylvania, Department of Public Welfare, Farview State Hospital v. Joseph Kallinger, 134 Pa. Cmwlth. 415, 580 A.2d 887 (1990). WHEREFORE, Plaintiff requests this Court to enter a preliminary injunction permitting Plaintiff to involuntarily examine Defendant and to administer medical treatment to him, including performing invasive diagnostic tests, providing medication, and by supplying nutrition and hydration intravenously or otherwise, as may be deemed necessary, to preserve Defendant's health and life. BY: Department of Corrections 1920 Technology Parkway Drive Mechanicsburg, PA 17050 (717) 728-7763 Attorney ID No. 208039 Date: January 7, 2011 Respectfully submitted, Office of General Counsel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. : No. BRYAN ANGLE, Defendant : Civil Action Equity PROOF OF SERVICE I hereby certify that a true and correct copy of the Motion for Preliminary Injunction was served on the person and in the manner indicated below: Personal service by hand-delivery BRYAN ANGLE- HY 2333 SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17001 Dated: January 7, 2011 4saTher La Corrections Health Care Administrator SCI-Camp Hill COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF CORRECTIONS, CUMBERLAND COUNTY, PENNSYLVIA?? PLAINTIFF Crn r V. =C , BRYAN ANGLE, C-n DEFENDANT NO. 11-151 CIVIL .a ?F ORDER OF COURT AND NOW, this 7m day of January, 2011, upon review of Plaintiff's Application for Ex Parte Preliminary Injunction and based upon the affidavit of the attesting physician, it appears that immediate relief is necessary in order to preserve the life of the Defendant pending the adjudication of this matter. Therefore, it is hereby ordered that: Pending the adjudication of this matter, Plaintiff or Plaintiff's designee, may involuntarily examine and perform invasive diagnostic tests, including blood and urine tests, on Defendant and may administer medical treatment, including nutrition and hydration as may, in the opinion of medical staff, be necessary to preserve Defendant's health and life. 2. In accordance with Pa.R.C.P. 1531(d), this Court will schedule a hearing on the continuance of the injunction on Monday, January 10, 2011, and will then advise the parties of the time and place for such hearing. 3. The Department of Corrections is ordered to make Inmate Bryan Angle available for the hearing via video conferencing equipment from SCI Camp Hill, Pennsylvania. By the Court, 1 M. L. ffbeh,Jr., J.