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HomeMy WebLinkAbout11-0153IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. YOKOE KABBAH, °f1 v 1 .:tn. ?i Cl'7'.?r -.,1 :No. Civil Action Equity Defendant NOTICE TO DEFEND L 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 1-800-990-9108 717-249-3166 # e, S76 0 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. YOKOE KABBAH, 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 Yokoe Kabbah is an inmate presently incarcerated at SCI-Camp Hill. 5. Since December 28, 2010, inmate Kabbah has refused to eat his meals. 6. As of January 7, 2011, inmate Kabbah has missed at least 30 consecutive meals. 7. Inmate Kabbah is refusing assessment by medical personnel, including having vital signs and weight recorded. 8. Inmate Kabbah's last documented weight was 150 pounds on January 4, 2011. 9. Inmate Kabbah has one (1) documented history of a hunger strike in the past, which was on February 2, 2010. 10. Inmate Kabbah is refusing to state why he is refusing to eat. 11. Inmate Kabbah was given a psychiatric evaluation on January 4, 2011 and deemed mentally competent. 12. It is the opinion of Dr. Jack Zimmerly, M.D., that inmate Kabbah will be in imminent danger of the loss of life or other irreparable harm unless he begins to take regular nutrition. (See Affidavit of Dr. Kabbah attached hereto as Exhibit "A"). 13. As a result of inmate Kabbah'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 inmate Kabbah's condition would cause immediate, severe, and irreparable harm. 15. However, inmate Kabbah will suffer severe, irreparable harm and possible death if he continues to refuse nutrition. 16. Permitting Inmate Yokoe Kabbah 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 Yokoe Kabbah's death. This will lead to animosity toward the staff and undermine confidence in prison authority. 17. In addition to the additional burden placed on medical staff, Kabbah's actions require the utilization of security staff in manners which compromise the security needs of the entire institution. 18. If permitted to follow through on his hunger strike to the ultimate end, the effects of Kabbah's death would have an adverse effect on both staff and the inmate population. This may lead to animosity toward the staff, undermine confidence in prison authority, and result in heightened security concerns. 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 Yokoe Kabbah, GV-31011 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 inmate Kabbah's health and life. (b) Providing such other relief as this Court deems proper. Respectfully submitted, Office of General Counsel BY: Office of-Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 Telephone 717-728-7763 Fax 717-728-0307 Attorney ID No. 208039 josfulgini@state.pa.us Dated: January 7, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. No. YOKOE KABBAH, Defendant Civil Action Equity VERIFICATION 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 Yokoe Kabbah. 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. „r / I ?J T resa Law J Corrections Health Care Administrator SCI-Camp Hill Dated: January 7, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. No. YOKOE KABBAH, : Civil Action Equity 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 Yokoe Kabbah, GV-3101 SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17001-8837 Teresa Law Corrections Health Care Administrator SCI-Camp Hill Dated: January 7, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. YOKOE KABBAH, 1. 2. 3. 4. 5. Defendant No. Civil Action Equity UNSWORN AFFIDAVIT I, Jack Zimmerly, M.D., state the following: I am a medical doctor licensed to practice medicine in the Commonwealth of Pennsylvania. I am currently a physician at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). I am familiar with Yokoe Kabbah ("Kabbah"), who is an inmate at SCI-Camp Hill. Since December 28, 2010, inmate Kabbah has refused to eat his meals. As of January 7, 2011, inmate Kabbah has missed at least 30 consecutive meals. Inmate Kabbah is refusing assessment by medical personnel, including having vital signs and weight recorded. 6. Inmate Kabbah's last documented weight was 150 pounds on January 4, 2011. 7. Inmate Kabbah has one (1) documented history of a hunger strike in the past, which was on February 2, 2010. 8. The Defendant has been deemed mentally competent, having been last evaluated on September 20, 2010. 9. Inmate Kabbah is refusing to state why he is refusing to eat. 10. It is my professional medical opinion that, to a reasonable degree of medical certainty, inmate Kabbah is in imminent danger of the loss of life or other irreparable harm unless he eats. 11. As a result of the Defendant's refusal to take nourishment, he risks irreversible malnutrition which would result in organ failure and possibly death. 12. It is impossible to predict the exact point at which the Defendant's condition may result in immediate, severe, and irreparable harm. 13. However, the Defendant will die or suffer immediate and severe irreparable harm 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. s ack Z' a 4&nr Q SCI-Camp Dated: January 7, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA , DEPARTMENT OF CORRECTIONS = , Plaintiff, V No . . v 7 -.j YOKOE KABBAH, Civil Action Equit Defendant x APPLICATION FOR EX PARTS PRELIMINARY INJUNCTION Pursuant to Pa. R.C.P. 15315 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 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 oMeneraMoun BY: Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 Telephone 717-728-7763 Fax 717-728-0307 Attorney ID No. 208039 josfalgini@state.pa.us Dated: January 7, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. No. YOKOE KABBAH, Civil Action Equity 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 Yokoe Kabbah, GV-3101 SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17001-8837 Ter sa La Corrections Health Care Administrator SCI-Camp Hill Dated: January 7, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, -'-? V. No. I l - 15, YOKOE KABBAH, : Civil Action Eglarty Defendant 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. B Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 Telephone 717-728-7763 Fax 717-728-0307 Attorney ID No. 208039 josfalgini@state.pa.us Dated: 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. YOKOE KABBAH, 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 Yokoe Kabbah, GV-3101 SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17001-8837 Teresa a Corrections Health Care Administrator 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. CZ) YOKOE KABBAH, x DEFENDANT NO. 11-153 CIVIL i -?. -,J , s ?. ORDER OF COURT AND NOW, this 7th day of January, 2011, upon review of Plaintiff's Applica# n far E 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: 1. 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 Bfy" P available for the hearing via video conferencing equipment from SCI Camp Hill, Pennsylvania. By the Court, 4 ? u "- - M. L. Ebert, r., ES 1=,??7