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HomeMy WebLinkAbout11-3104t J .,' ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, I , 3 `p y V. : No. Civil Action Equity JOSHUA PAYNE, 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 WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 717-240-6150 AtLC 6KI7?'5-7 s'yc?' ?Z-/'*" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, `' _ 31 D y v. No. Civil Action Equity JOSHUA PAYNE, Defendant COMPLAINT 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. 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 Joshua Payne is a twenty-seven (27) year old inmate presently incarcerated at SCI-Camp Hill. 5. On March 4, 2011, the Defendant began refusing to eat. 6. As of March 16, 2011, Defendant had missed approximately 35 meals. 7. On March 7, 2011, Defendant was advised of the effects of starvation and dehydration by way of DOC form DC-463, a copy of which is attached as Exhibit A. 8. Defendant acknowledges that his continuing refusal to eat could lead to permanent damage or death. He further acknowledges that the Department may seek court approval for the provision of involuntary nutrition. 9. As of March 14, 2011, Defendant has refused permission to perform a physical examination including, but not limited to vital signs and weight check. 10. The Department's computerized inmate information indicates that upon his receipt into the care custody and control of the Department on or about May 2006, Defendant weighed 283 pounds. On March 12, 2011, after his first week without food, the Defendant's weight was recorded at 228 pounds. Between July 2009 and March 7, 2011, his weight varied between 225 and 234 pounds. 11. Because of Defendant's refusal to permit examination, vital signs, weight checks and diagnostic testing, it is impossible to determine the precise stage of starvation that the Defendant may have reached. 12. It is the opinion of Dr. Jack Zimmerly, a physician at SCI-Camp Hill, that the Defendant will be in imminent danger of the loss of life or other irreparable harm unless he eats. (See Affidavit of Dr. Jack Zimmerly attached hereto as Exhibit B). 13. As a result of the Defendant's refusal to take nourishment or medication, he risks irreversible malnutrition which would result in organ failure and possibly death. 14. Defendant is beginning to develop symptoms indicating that his acts are causing harm to his body. Specifically, Defendant has been observed to have dry mucous membranes, decreased urine output and has been noticed to have become more lethargic. 15. It is impossible to predict the exact point at which the Defendant's condition may result in immediate, severe, and irreparable harm. 16. However, the Defendant will die or suffer immediate and severe irreparable harm if he continues to refuse medical testing, nutrition and medication. 17. Permitting the Defendant 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 the Defendant's death. This will lead to animosity toward the staff and undermine confidence in prison authority. 18. In accord with Department policies, the Defendant had a psychiatric evaluation on March 10, 2011. Dr. Christian Koomt, M.D., a psychiatrist at SCI-Camp Hill, deemed the Defendant mentally competent. 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 upon Defendant's continued refusal to eat or drink, 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, B ., .., Assistant Co sel Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Attorney ID No. 36817 Date: March 17, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V., JOSHUA PAYNE, Defendant VERIFICATION No. is. m+ r ( 3w 7U? CO ` T_ta ?3/ay Civil Action Equity I, Edwin A. Shoop, am a Registered Nurse Supervisor 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 Joshua Payne. 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: March 17, 2011 rw4tX14 Aa&1/9 Edwin A. Shoop Registered Nurse Supervisor SCI-Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. JOSHUA PAYNE, Defendant ? --310q l No. Civil Actio ?qui`'y CO UNSWORN AFFIDAVIT I, Jack Zimmerly, D.O., state the following: 1. I am licensed to practice medicine in the Commonwealth of Pennsylvania. I am currently a staff physician at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). 2. 1 am familiar with Joshua Payne ("the Defendant"), who is an inmate at SCI-Camp Hill. 3. On March 4, 2011, the Defendant began refusing to eat meals as provided. 4. As of March 17, 2011, Defendant had missed approximately 35 meals. 5. Defendant, in accordance with Department policy, had a psychiatric cvaluation conducted by Dr. Christian Koomt, a psychiatrist. Defendant was found to be mentally competent. 6. In addition to refusing to eat, Defendant is refusing to permit staff to physically examine him for the purposes of obtaining vital signs and performing weight checks. Additionally, Defendant is refusing to submit to necessary medical laboratory work. 7. It is my professional medical opinion that Inmate Joshua Payne will be in imminent danger of the loss of life or other irreparable harm if he continues to refuse to take food and liquids which are provided. 8. Defendant is beginning to develop symptoms indicating that his acts are causing harm to his body. Specifically, Defendant has been observed to have dry mucous membranes, decreased urine output and has been noticed to have become more lethargic. 9. It is impossible to predict the exact point at which the Defendant's condition may result in immediate, severe, and irreparable harm. 10. The Defendant will die or suffer immediate and severe irreparable harm if he continues to refuse medical testing, 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: March 17, 2011 Jac erly, P.O. Staff sician SCI-Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, v. JOSHUA PAYNE, Defendant No. Civil Act Ecgity- ? y _n 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 Joshua Payne, GQ-5980 SCI-Camp Hill P.O. Box 8837, 2500 Lisburn Road Camp Hill, PA 17001-8837 g??, / J/ Edwin A. Shoop Registered Nurse Supervisor SCI-Camp Hill Date: March 17, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, - Plaintiff,, T r, , V. No. Civil ActiA6iry -5 JOSHUA PAYNE, Defendant MOTION FOR PRELIMINARY INJUNCTION 1. Plaintiffs Complaint and Unsworn Affidavit in this matter are 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, Plaintiff has a clear right to administer ongoing involuntary medical treatment, including nutrition and hydration. See similarly 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 by supplying nutrition and hydration intravenously or otherwise upon Defendant's continued refusal to eat or drink, as may be deemed necessary, to preserve Defendant's health and life. Respectfully submitted, Office of General Court BY: Robert B. Maclntyre Assistant Counsel Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Attorney ID No. 36817 Date: March 17, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS, Plaintiff, ?, -Slay V. No. Civil Action Equity JOSHUA PAYNE, 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 Joshua Payne, GQ-5980 SCI-Camp Hill P.O. Box 8837, 2500 Lisburn Road Camp Hill, PA 17001-8837 . rlrle1?4 e?4' Edwin A. Shoop Registered Nurse Supervisor SCI-Camp Hill Date: March 17, 2011 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff V. JOSHUA PAYNE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-3104 CIVIL TERM PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 18`x' day of March, 2011, upon consideration of Plaintiff's Motion for Preliminary Injunction, a hearing is scheduled for Friday, March 25, 2011, at 2:15 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Robert B. MacIntyre, Esq. Assistant Counsel Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 Attorney for Plaintiff Joshua Payne, GQ-5980 SCI-Camp Hill P.O. Box 8837 2500 Lisburn Road Camp Hill, PA 17001-8837 Defendant, pro Se r e-S Q `1 3 .. ?, ?1 A ?l d9 L 1J :rc . .i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. No. 11-3104 Equity JOSHUA PAYNE, Defendant c 4 'n ?? z a ?° rn ern r ?2ticSa,a zo Z z2! z aM C PLAINTIFF'S MOTION FOR DISCONTINUANCE 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. Plaintiff is the Commonwealth of Pennsylvania, Department of Corrections, 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"). Defendant Joshua Payne is a twenty-seven (27) year old inmate presently incarcerated at SCI-Camp Hill On March 4, 2011, Defendant Payne started a hunger strike, refusing to eat meals provided by the Department. 4. On March 18, 2011, at 8:49 a.m., the Department filed a civil complaint seeking a permanent injunction to insure that the Defendant would receive proper nourishment and medical treatment. 5. After serving copies of the filed complaint upon the Defendant, he accepted and consumed the meal provided at 10:30 a.m. on March 18, 2011. 6. Defendant has also complied with most medical requests from Department staff or contractors. 7. As a result of Defendant's cooperation, there is no need to proceed with the complaint and/or permanent injunction. WHEREFORE, the Commonwealth of Pennsylvania, Department of Corrections, requests this Court to permit the discontinuance of this civil action. Respectfuft submi el B Robert B. MIntyre Assistant Co sel Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Attorney ID No. 36817 Date: March 28, 2011 IN THE COURT OF COMMON PLEAS OF COMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. JOSHUA PAYNE, No. 11-3104 Civil Action Defendant . CERTIFICATE OF SERVICE I hereby certify that on this day I am deposited in the U.S. Mail a true and correct copy of Plaintiffs Motion for Discontinuance to be served upon the following person(s) in the manner indicated below: Service by first-class mail addressed as follows: Joshua Payne, GQ5980 SCI-Camp Hill P. O. Box 200 Camp Hill, PA 17001 Man j E-1yarner, Clerk Typist 2 Pennsylvania Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 Dated: March 28, 2011 c , IN THE COURT OF COMMON PLEAS OF COMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Plaintiff, V. . JOSHUA PAYNE, Defendant ORDER rn W A "?7 rqF: :z r <> ? n No. 11-3104 Civil Action AND NOW, this day of ?> L , 2011, upon review of the Plaintiff's Motion for Discontinuance, due to the Defendant's voluntary decision to take nourishment and submit to physical examinations, it is hereby ORDERED that Plaintiff s Petition for Preliminary Injunction shall be marked as discontinued. BY THE COURT osbuc L ?yne ?2i d+ B. Mo6n+yre, tel. a?