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HomeMy WebLinkAbout11-0152c"s rvYw .m.,... Y,.^ THE COURT OF COMMON PLEAS OF = =rv __t CUMBERLAND COUNTY" I PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA,, r DEPARTMENT OF CORRECTIONS, w Plaintiff, V. No. MICHAEL REEVES, ; Defendant : Civil Action Equity 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. MICHAEL REEVES, Defendant COMPLAINT ??. .) , : t 7 -C ?s No - . Civil Action Equity AND NOW, comes the Plaintiff, Commonwealth of Pennsylvania, Department of Corrections, by and through its undersigned counsel and avers the following in support of this Complaint: 1. 2. 3. 4. 5. 6 This action is brought in the Court's original jurisdiction. Plaintiff is the Commonwealth of Pennsylvania, Department of Corrections. Plaintiff is an administrative department of the Commonwealth of Pennsylvania responsible for administering the state correctional system, including the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). Defendant Michael Reeves is a thirty-three (33) year-old inmate who is presently incarcerated at SCI-Camp Hill. Since December 25, 2010, the Defendant has refused to eat his meals. As of January 7, 2011 the Defendant has refused approximately 30 meals. 7. Inmate Reeves is refusing physical assessment by medical personnel, including vital signs and weight. 8. Defendant is refusing urinalysis and diagnostic testing. 9. Defendant has a history of sickle cell trait, hypertension and depression. He was taking medication (Norvasc) for hypertension. 10. Defendant has refused to be evaluated by a psychiatrist 11. The Defendant gives no reason for his refusal to eat. 12. It is the professional medical opinion of his treating physician that, to a reasonable degree of medical certainty, Defendant is in imminent danger of the loss of life or other irreparable harm unless he begins to take regular nutrition. He is further at risk of sudden onset of organ failure or death if medical personnel are not permitted to engage in immediate and regular diagnostic testing, including, but not limited to blood and urine tests. 13. As a result of the Defendant's refusal to take nourishment, he risks irreversible malnutrition which would result in organ failure and, possibly, death. 14. It is impossible to predict the exact point at which Defendant's condition may result in immediate, severe, and irreparable harm. 15. However, Defendant will suffer severe, irreparable harm and possible death if he continues to refuse nutrition and medication. 16. Permitting Defendant to engage in a suicidal act by refusing to eat or drink will cause a significant disruption to the orderly administration of SCI-Camp Hill. The effects of his death or irreparable harm would demoralize the staff and instill the belief in the inmate population that the prison administration caused and permitted Defendant's death or injury. 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) Awarding costs; (c) Providing such other relief as this Court deems proper. Respectfully submitted, Office of General Counsel Mechanicsburg, PA 17050 (717) 728-7763 Attorney ID No. 208039 Date: January 7, 2011 Department of Corrections 1920 Technology Parkway IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. No. MICHAEL REEVES, : Defendant VERIFICATION Civil Action Equity I, Teresa Law, am the duly appointed Corrections Health Care Administrator at the State Correctional Institution at Camp Hill and am authorized to make this verification. I have reviewed the attached Complaint with respect to the involuntary treatment of Michael Reeves. 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. f Dated: January 7, 2011 T ee sa C orrections 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. Civil Action Equity MICHAEL REEVES, ; Defendant 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 Michael Reeves, DB-0879 SCI-Camp Hill P.O. Box 8837 - 2500 Lisburn Road Camp Hill, PA 17001-8837 Te esa Law 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 MICHAEL REEVES, : 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 doctor at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). 2. I am familiar with Michael Reeves, inmate No. DB-0879, who has been under my care. 3. Since December 25, 2011, the Defendant has refused to eat or drink fluids. 4. As of January 7, 2011, the Defendant has refused approximately 30 meals. 5. Defendant is refusing urinalysis and diagnostic testing. 6. Defendant has a history of sickle cell trait, hypertension and depression. He was taking medication (Norvasc) for hypertension. 7. Defendant has refused to be evaluated by a psychiatrist. 8. The Defendant gives no reason for his refusal to eat. 9. It is my professional medical opinion, to a reasonable degree of medical certainty, that Defendant is in imminent danger of the loss of life or other irreparable harm unless he begins to take regular nutrition. He is further at risk of sudden onset of organ failure or death if medical personnel are not permitted to engage in immediate and regular diagnostic testing, including, but not limited to blood and urine tests. 10. As a result of the Defendant's refusal to take nourishment, he risks irreversible malnutrition which would result in organ failure and, possibly, death. 11. It is impossible to predict the exact point at which Defendant's condition may result in immediate, severe, and irreparable harm. 12. However, Defendant will suffer severe, irreparable harm and possible death if he continues to refuse nutrition and medication. 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 Ja erly,. (),0 SCI-Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS, Plaintiff, V. No MICHAEL REEVES, Defendant 72 ` rrf ? ` --fir - 7 {" I p Civil Add T; Equity. APPLICATION FOR EX PARTS PRELIMINARY INJUNCTION Pursuant to Pa. R.C.P. 1531, the Commonwealth of Pennsylvania, 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 to supply 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: As ' sel Depart nt of Corrections 1920 Technology Parkway 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. Civil Action Equity MICHAEL REEVES, Defendant 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 Michael Reeves, DB-0879 SCI-Camp Hill P.O. Box 8837 - 2500 Lisburn Road Camp Hill, PA 17001-8837 Dated: January 7, 2011 Te esa aw 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. MICHAEL REEVES, Defendant No. Civil Action Equity 2-1 'Ea MOTION FOR PRELIMINARY INJUNCTION 70 1. Plaintiffs Complaint, Unsworn Affidavit, and Application* F.K- P 7_1 C? Preliminary Injunction in this matter are incorporated by reference; a? fiy set forth herein. 2. Defendant will suffer immediate, severe, and irreparable harm possibly resulting in death if necessary, 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, 580 A.2d 887 (Pa. Cmwlth. 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 to supply nutrition and hydration intravenously or otherwise, as may be deemed necessary, to preserve Defendant's health and life. BI Department of Corrections 1920 Technology Parkway 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. MICHAEL REEVES, No. Civil Action Equity Defendant 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 Michael Reeves, DB-0879 SCI-Camp Hill P.O. Box 8837 - 2500 Lisburn Road Camp Hill, PA 17001-8837 Teresa Law Corrections Health Care Administr for SCI-Camp Hill Dated: January 7, 2011 COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF DEPARTMENT OF CORRECTIONS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL REEVES, DEFENDANT NO. 11-152 CIVIL c„ ORDER OF COURT AND NOW, this 7th day of January, 2011, upon review of Plaintiff's Applica fomEx ? Parte Preliminary Injunction and based upon the affidavit of the attesting physician, 11~apl'ears".'' 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 B available for the hearing via video conferencing equipment from SCI Camp Hill, Pennsylvania. By the Court, W% J, 0, M. L. Ebert, Jr., J. if 7?!l ,,?..r .sc????u c?r'vfc?