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HomeMy WebLinkAbout11-8014CHALMERS A. SIMPSON V. SCI CAMP HILL et al. OFFICER KANE, SGT. HOUSER, : MEDICAL IN THE COURT OF COMMON PLEAS PENNSYLVANIA IN THE COUNTY OF CUMBERLAND CIVIL ,ACTION //?? NO. l:. ? w APPLICATION TO FILE CIVIL COMPLAINT [CAPTION] APPLICATION TO FILE CIVIL COMPLAINT TO THE FONORABLE, THE JUDGE OF THE SAID COURT: r`a ?__, C= Petitioner, Chalmers A. Simpson , by himself, hereby petitions this COURT to file this CIVIL COMPLAINT, and represents: 1) On August 2nd, 2010 plaintiff was an inmate at THE STATE CORRECTIONAL FACILITY OF SCI CAMP HILL P.O.BOX 200 CAMP HILL, PA. 1 7001 . 2) Petitioner the plaintiff_ was located on B-BLOCK cell 21 with inmate Brian Runion. 3) Plaintiff and inmate Brian Runion reported to Sgt.Houser and another officer that the toilet was not working. 4) Block Sgt.Houser inspected the toilet and after the inspection Plaintiff and inmate Brian Runion were told that we would have to move to a different cell. 5) Tnmate Brian Runion was moved cP11 17, Plaintiff was told he would have to move to cell 33 which was up stairs. 6) Prior to moving up stairs to cell 33 Plaintiff stated that he was given bottom tear and bottom bed status by Medical when he first arrived on May 17th,2010. 7) Sgt.Houser went to check and came back stating that"there's nothing _listed" 8) Plaintiff told Sgt-Houser that he would get dissie and pass out if he has to he on the top tear, Sgt.Houser told Plaintiff to contact medical. 9) Sgt.Houser stated that if Plaintiff refused to move he would he tooken to the RHU LOCK-UP for refusing to move. 10) Plaintiff stated that he would get dissie walking up and down the stairs and would pass out if he has to climb up and down the stairs, Plaintiff was ignored and ordered to move. 11) While all this took place Inmate Jeffrow Thomas No.JN9g45 was a witness to all this that took place prior to Plaintiff having to move to cell 33- 12) Plaintiff moved to cell 33 on August 2nd, 2010. 13) On August 3rd, 2010 while climbing up the stairs Plaintiff began to have back pains and disse spells from walking. 14) On August 4th, 2010 'Plaintiff continued to complain to other officers on R-BLOCK and was told to contact medical. 15) On August 3rd, 4th, 5th of 2010 Plaintiff wrote medical, no reply was given. 16) On August 6th, 2010 again medical was contacted, no reply was given. On August 6th, 2010 plaintiff went to Officer Kane and stated }.hat if he continued to walk up and down the steps he would pass out,'.er reply was to cnn.tact medical. ,ti.. i 17) On August 7th, 2010 Plaintiff passed out, fell and broke his right leg and damaged his back area. 18) When Plaintiff came to, still d.issie, half unconcious, right foot twisted around, ankle broken, hack in pain. 19) When Plaintiff finally came to, he was in medical, could not remember what took place. 20) Plaintiff remained under medicals care until August 10th,2010. 21) While at medical Plaintiff was not exrayed or given any pain medication for 24 hours. 22) On August 12th, 2010 Plaintiff was seen by a tall white doctor with glasses that stated "this was a emergency case and he should have been tooken straight to the emergency at the hospital not placed in aroom". 23) Plaintiff requested pain medication on and off while being held at medical and received (1) pill on August 8th, 2010 and (1) pill on August 9th, 2010 even after he continued to complained of the pain. 24) On August 9th, 2010 Plaintiff was given exrays on his r-t§ht leg ankle area and was told that his ankle was broken by tall white doctor with glasses. 25) On August 12th, 2010 Plaintiff met with the same tall doctor with glasses who stated that "this was an emergency case and that the nurse who handled it should have allowed the swelling to go down before a caise was placed on his right leg. 26) On August 10th, 2010 Plaintiff was released from medical. 27)On August 10th,2010 Plaintiff went to pill line at 8:00 P.M.to get his medication, after taking his medication he started to leave and fell as a result of water being on the floor. When plaintiff fell he hurt his left side and back area. 28) After the fall Plaintiff was tooken to medical due to the pain in his back and side area. A check up was given and the short brown hair nurse stated that he would receive an exray to make sure there was no damage to his left. side or back area, no exray was ever given. Plaintiff also had pain while using the crutches because of the back injury, Plaintiff requested a wheel chair, request was denied. 29) On August 11th, 2010 Plaintiff sent a request slip in to have exrays done on his side and back area, no reply was given. 30) On August 12th, 2010 Plaintiff was called to medical, saw a short white male doctor with brown hair, Plaintiff complained about his back pain and side pain he was having, also about the pain he was having using the crutches. Plaintiff requested a wheel chair to get around, all request denied. 31) On August 13th, 2010 Plaintiff was called to medical and saw a short white nurse with short brown hair, Plaintiff complained that he was in serious pain when he used the crutches and that he needed a wheel chair to get around, her reply was"stop contacting us, your not getting a wheel chair, use the crutches." 32) Each day Plaintiff was in serious pain,h(t?,was unable to travel to get. his meals at times, unable to leave the cell because of the pain in his back, side, and broken leg. 33) On August 14th, 2010 Plaintiff put in a medical slip to see a doctor, he was called to medical and when he arrived he was ordered. to be placed into an isolated cell by the short white nurse with short hair. 34) Plaintiff was placed in a cell that had no running water, no shower, no toilet paper-and plaintiff was denied his right to use the bath area because the shower did not work, and he had nothing to wipe him self if used the toilet. 35) Plaintiff remained in isolation until August 16th, 2010 then was allowed to return to his cell. 36) On August 21st, 2010 Plaintiff's pain had not decreased in any way and he sent another request in to medical. 37) On August 23rd, 2010 Plaintiff saw a black female doctor that stated Plaintiff's cause will remain on for atleast (4) to (6) weeks more. 38) On August 24th, 2010 Plaintiff filed a civil complaint against SCI CAMP HILL for the lost of some of his property, on August 10th, 2010 after Plaintiff was release from medical and returned hack to cell 17 alot of his property was missing that was valued at $23.00. 39) On August 16th, 2010 Plaintiff spoke with COUNSELOR HUBLER OF B-BLOCK, COUNSELOR stated that he would try to have the money returned if he could. All" On August 16th, 2010 Plaintiff again spoke with COUNSELOR HURLER who stated that he was unahle to get the money hack and he gave Plaintiff a grievance to fill out which Plaintiff suhmi_tted the grievance on August 17th, 2010. 41) On August 25th, ?010 the grievance was returned by R.M.7,ORTTNE, the summary of her finding regarding Plaintiff's grievance was "her investigation to Plaintiff's complaints, there was no proof that Plaintiff had the property in his possession,' see EXHIRTT(S) (1)(A), and EXHTRTT (1)(R). 42) On August ?4th, 2010 Plaintiff filed a civi_1 complaint with MnJ. CHARLES A. CLEMENT, JR.400 RRTDGE STREET OLnE TOWNE COMMONS -SUTTE 3 NEW CUMBERLAND, PA.17070. 43) On Septemher 1st, 2010 Plaintiff was served with a letter that stated "that the proper forum for such an action would he the COMMON- WEALTH COURT OF PENNSYLVANIA, see EXHTRTT(S) (1)(C) and EXHTRTT (1)(n). 44) Since Plaintiff's accident on August 7th,2010, Plaintiff has to limit his every day activity that he usually does and has not heen aloud to go to chow hall to eat his meals or go to the yard as all other men located at THE SCT PINE GROVE, he has peen placed on CELL RESTRTCTTON and there has been placed a restriction on his every day activity since the accident has taken place. 45) Plaintiff has problems standing, walking with out hei_ng tired because he can only use his left leg, and he uses alot of energy using the crutches. 46) Plaintiff has been unahle to sleep at nights do to the pain he has. 47) Plaintiff does get some pain medication, he has requested more due to the pain he has been in since the accident. 48) This accident caused Plaintiff to remain in prison longer, he was unahle to he classified which did cause his release to he held up hecause of a medical hold that was placed on him hecause he was not medically cleared. 4A) While Plaintiff was housed at medical his injury was not treated as an emergeny and he was not treated as a patient, he was treated as a nuisance. 50) The medical treatment Plaintiff received was grossly incompetent, inadequate, and excessive as a shock to Plaintiff's conscience which did constitute deliherate indifference. 51) The actions of all defendants did violate Plaintiff's ETGHTH AMENDMENT RIGHT, PCT CAMP HTLL STAFF should have provided a system of ready access to Plaintiff's medical need prior to the accident taking place. 52) The PRISON OFFICIALS did show deli_herate indifference and did not take Plaintiff serious when he stated that he would pass out, when medical did not reply and Plaintiff was not able to make the situation known to medical staff, officer KANE OR SGT.HOUSER should have contacted medical which they both failed to do. 53) Plaintiff told this problem to medical staff when he first came to SCI CAMP HILL on May 17th, 2010, they failed to log the vital information in which was very serious information. 54) Plaintiff had a right to have a safe environment and safe conditions while confined at SCI CAMP HILL between May 17th. 2010 thru September 9th, 2010. 55) Plaintiff was denied his rights to have air conditioning and was subject to cruel and unusual punishment while being housed at SCI CAMP HILL. 56) The conditions that Plaintiff was subject to did deprive him of "of the basic human needs" such as air inar14-midte cooling and heating, improper ventalation, a clean housing area,rat and roach infested hnusinc7 rani t where he was forr_ e-d to sJ een d^.rl remain in while being confined at SCI CAMP HILL hetween May 17th. 2010 thru Sentember 9th. 2010. 57) The facual. evidence that Plaintiff was deprived of basic human needs is that the evidence, prison officials involved in this civil complaint are ?ware that Plaintiff and others at this moment have been, are, and are being deprived of the basic human needs and the housing areas do pose as a serious danger to plaintiff an6 all others who must be subject to being housed at B-BLOCK located at SCI CAMP HILL P.O.BOX 200 CAMP HILL, PA. 17001. 58) See Wilson V. Seller, 501 U.S.294 (1991).The prison officials did act with. "deliberate indifference". 59) Prior to Plaintiff being housed. at SCI CAMP HILL prison officials already new of the conditions on B-BLOCK, OPPICFR KANF AND SGT. HOUSER'S speech was that "this is an old block, there is no air and we know all about the rats and roaches here so deal with it" which means that they along with other prison officials have been aware of all conditions that poses a serious danger to Plaintiffs health and others by allowing other individuals to even be housed on B-BLOCK and prison officials refuse to respond to the unsanitary situations in any type of reasonable manner. 60) See, Farmer V. Brennan, 511 U.S. 825 (1994). The prison official's obviously know about the conditions at the prison and purposely ignore the situations that one would have to be blind to ones eyes. 61) By Plaintiff having to live under these conditions, along with a heated cell above 100% degrees did cause Plaintiff to be seriously injured on August 7th, 2010. 62) By Plaintiff having to be subjected to heated. conditions above 100% degrees, this did pose as a serious danger to his health, and Plaintiff should not have been forced to be housed in a cell that was even hot or cold during his stay while confined at SCI CAMP HILL. 63) Plaintiff brings this Eighth Amendment civil action on a totality of the conditions he was subject to. 1'64) Plaintiff argues that though certain conditions might not be unconstitutional on their own, they do add up to create an over all effect that was unconstitutional. See, Palmer V. Johnson, 193 F.3d 346 (5th Cir.1999). 65) See,Farmer, 511 U.S. at 835. Where the prison officials were liable under the Eighth Amendment because by their disregarding the risk by failing to take reasonable measures to abate it. 66) Under the eighth amendment Plaintiff only need to show that prison officials acted or failed to act despite the knowledge of the substantial risk of the serious harm which can be caused by allowing Plaintiff to be placed in that type of environment. 67) The prison officials were liable and had knowledge that the housing area was unsafe prior to Plaintiff passing out, there were other inmates passing out and still prison officials failed to take reasonable action to abate it. 68) See, Sanville V. McCaughtry, 266 F.3d.724,734(7th Cir.2001), Harrison V. Barkley, 219 F.3d 132,137 (2d Cir.2000), Nicini V. Morra, 212 F.3d 798, 811 (3d Cir.2000). 69) Also see,Rhodes V. Chapman, 452 r1.S.337,347 (1981), Wilson V. Selter, 501 U.S. 294,296 (1991). Plaintiff rights were violated by him being confined in a unsanitized cell with inadequate cooling area that had rust all over the wall, led in the paint, rats and roaches each night that would eat his food that was purchased from the comminsary while he tryed to sleep at night and was unable to because he was afraid that he would be attacked by rats again or another cocker roach may climb in the bad were he slept at. 70) The deprivation was so serious, cruel, and unusual punishment and prison officials did possess a culpate state of mind. 71) The conditions of Plaintiff"s confinement did deprive him of life's necessities and of a single identifiable human need such as cooler conditions, clean housing unit, sanitized cell, and a cell that did not have lead in the paint or rats and roaches invad his food every time he tryed to get a good night sleep. 72) These conditions did arrive to a level of cruel and unusual punishment where the prison officials were deliberately indifferent to such serious conditions and Plaintiff was confined under intolerable conditions. 73) The intolerable conditions were the product of deliberate indifferent on the part of the prison officials while Plaintiff was an inmate under their care while being housed under their care. 74) It is reasonable to assume that the prison SUPERINTENDENT and the prison officials have knowledge of the unhuman condtions of all inmates that are housed at SCI CAMP HILL CORRECTIONAL FACILITY. 75) Plaintiff has proven that (a) prison conditions were objectively serious in the sense that they deprived Plaintiff of the basic human needs and life's necessities; and (b) that prison officials were subjectively culpable because there were "deliberately indifferent" to those serious prison conditions they had knowledge of the harmful conditions yet they failed to remedy the conditions. 76) Plaintiff seeks a judgment,SCI CAMP HILL and the officials for the physical injury suffered while being confined and housed under there supervision at THE STATE CORRECTIONAL FACILITY OF CAMP HILL. 77) The actions of the prison officials caused Plaintiff to suffer a back injurv, left side injurv, left ankle and lea injurv, and left foot injurv that was the result of him r)assina out which was caused from him heina forced to climb un and down the stairs, also beina placed on the tor) tear on B-BLOCK. 78) Plaintiff'S iniurv could have been life threatenina if he would have passed out walking down the stairs. 79) As a result Plaintiff has suffered injuries which are or may be serious and permanent in nature. 80) Plaintiff is emr)loved as a waiter, the injuries may cause Plaintiff areat pain and sufferina in the future because he must use his leas, feet, ankles, and back musles to carrv travs, meals, and beveraaes to serve customers and the injurv may cause Plaintiff to be unable to perform the duties he was once able to perform prior: to the accident taking place. 81) As a result of Plaintiff's injury, Plaintiff seeks compensation for his mental and emotional injuries, for the pain and suffering, medical determinable, physical and or mental impairment, which may prevent Plaintiff from performing all or substantially, all of the material acts and duties which constitutes Plaintiff's unusual and customary activities prior to the accident Plaintiff seeks an award in the amount of $100.000.00. 82) As a direct and reasonable result of the accident aforementioned, Plaintiff has or may here after incur other financial expenses which have, do, or may exceed the amounts which Plaintiff may bd other wise be entitled to recovery Plaintiff seeks an award of $100.000.00. 83) As a result of the accident afore mentioned, the severe physical pain continuancely, depression, mental anguish, emmotional stress, and has continued to suffer the same for an indefinite period of time in the future Paintiff seeks an award in the amount of $100.000.00 . 84) Plaintiff also seeks relief and an award of punitive damages as a result of the Eighth Amendment violation, compensatory damages for the injuries suffered at the hands of all defendants, and nominal damages for the infliction of the psychological harm that has happened and may continue to cause Plaintiff problems in the future. Dated: This, 91 day of Veb bu, 2011, X CHALMERS A. IMP SON rYl 'IF cT H 86 P? • 171W 717- ?8t 71f 18 - R PROOF OF UNSWORN DECLARATION OF VERIFICATION I, CHALMERS A. SIMPSON , do hereby verify that the facts set forth in the documents are true and correct to the best of my knowledge, information, and belief; and that any false statements made herein are subject to the penaties of Section 4904 of the Pennsylvania Criminal Statutes, 18 Pa. C.S.A. $ 4904 relating to UNSWORN FALSIFICATION TO AUTHORITIES. DATED: This, 02 day of 0 dp ? -e ?r 2011 SIGN: a PRINT: CHA RS A. SIMPSON IMf ,*-a 717-'0 1 - 7#1,' PROOF OF SERVICE I, CHALMERS A. SIMPSON CERTIFY ANDTVERIFY THAT A TRUE AND CORRECT COPY HAS BEEN SENT TO: (1) STATE CORRECTIONAL FACILITY SCI-CAMP HILL P.O.BOX 200 CAMP HILL PA.17001 (2) CUMBERLAND COUNTY COURT HOUSE PROTHONOTARY OFFICE (4) (5) (6) (7) (8) (2) (10) (11) (12) DATED: THIS, Aj ._DAY OF V ? ? r 20,11 s X CHALMERS A. SIMPSON Sn e {ilk C as , 17 16 717- fk COMMONWEALTF OF PENNSYLVANIA !'art DEPARTMENT CORRECTIONS) PO 130X 698 /) J CAMP HILL, PA 17001 OFF=ICIAL INMATE GRIEVANCE 1331506 INITIAL REVIEW RESPONSE GRIEVANCE NO. TO: (Inmate Name & DC No.) FACILITY HOUSING LOCATION GREIVANCE DATE Simpson, Chalmers JM6889 SCI-Camp Hill E3-B-28 8/17/10 The following is a summary of my findings regarding your grievance: In your grievance, you allege commissary items were missing from your property on B- Block when you went to the Infirmary for three days. have investigated your complaints. When you went to the Infirmary, your property was packed and placed in B-Block's bubble. According do the Infirmary, you were only supposed to be there overnight, but instead you were there for three days. Your property never left the bubble. The officers on the bltti:? di0n't touch your property until it was returned to you when you came back from the Infirmary. There is no proof that you had this property in your possession. Even if you would have produced receipts from the commissary saying you purchased these items, there is no way to prove that you actually had them when you left for the Infirmary. The possibilities exist that you may have traded commissary items with other inmates, given the items away or possibly traded your commissary for tobacco. Also, Mr. Hubler never told you he would try to have your commissary items replaced. He has neither the ability nor the authority to replace these items. Your grievance has been filed without merit. I consider the issue resolved. CL : nMS, 2obA? pC-_ -vs )J7_; L--- Print Name and Title of Grievance R. M. Zobitne DC ADM 804, Inmate Grievance System SIGNATURE OF GRIEVANCE DATE 8/26/10 Attachment B 61 (Ai ll;112) ?t piennsytvania DEPARTMENT OF CORRECTIONS MEMO TO CHALMERS ALEXANDER SIMPSON 7R, JM6889 A-Block FROM ? /aang rt Superintendent Assistant DATE September 3, 2010 RE 10-Day Extension I am sending you this memo to inform `you tiiat the Grievance Officer assigned to your grievance has requested a ten-day extension in order to further investigate your situation and answer this grievance. This extension is being granted in accordance with DC-ADM-804, "Inmate Grievance System," and will not affect your ability to appeal the initial decision to the Superintendent and Central Office. IWT Cc: Major Meintel Grievance File 331506 DC-15 File Department of Corrections I SCI-Camp Hill I Superintendent's Complex P.O. Box 8837 1 Camp Hill, Pennsylvania 17011-8837 1717.737.4531 1 www.pa.gov \4 r + ? ? l ff ??;? Pao of cola LOWER ALLEN TOWNSHIP NEW CUMBERLAND BOROUGH SHIREMANSTOWN BOROUGH COUNTY OF CUMBERLAND CHARLES A. CLEMENT, JR. Magisterial District Judge OFFICE (717) 774-5989 District Court 09-1-01 (717) 774-8839 Olde Towne Commons FAX (717) 774-6684 400 Bridge Street, Suite #3 New Cumberland, PA 17070 September 1st, 2010 Mr. Chalmers A. Simpson c/o SCI-Camp Hill P. 0. BOX 4200 Camp Hill, PA 17001 Dear Mr. Simpson: This letter serves to inform you that Pennsylvania's Magisterial District Judges do not have jurisdiction over cases where the Defendant or Defendants named in the Trespass/Assumpsit ,(Civil) Complaint-is/are the-Commonwealth-of Pennsylvania and/or an Agent (person) acting on behalf of the Commonwealth while in his/her official capacity. Thus, upon reviewing your complaint, whereby you name "Camp Hill State Correctional Facility" as the Defendant, it is obvious that this District Court, or any Magisterial District Court for that matter, does not jurisdiction to preside. This is not the proper venue. - With this in mind, I am respectfully returning your documents. It is my belief that the proper forum for such an action would be the Commonwealth Court of Pennsylvania. Otherwise, perhaps the Department of Corrections has some type of procedure to address and resolve the issues you raise. Sincerel , Charles A. Clement, Jr. Enclosures C? fZ-Vf A,' J^ COMMONWE:A-TH 05 PENNSYLVANIA COUNTY OF: 0UMBERLAND Mac. Dist. No.: MD, Name Hon. 09-1-01. CHARLES A. CLEMENT, Add, ess: 4 0 0 BRIDGE ST OLDS TOWNS COMMONS NEW CUMBERLAND, PA Telephone (717) 774-5989 JR -SUITE 3 17070 L_ J Docket No.: Date Filed: STATEMENT OF THE PETITIONER -' I hereby request that this Court permit me to proceed in forma pauperis (without payment of the filing fee). In support of this I state the following: Ni. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fee for filing this action. ©2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. ©3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: NAME AND ADDRESS PRESENT EMPLOYER'S NAME AND ADDRESS CHALMERS A. SIMPSON NONE JM-6889 P.O.BOX 200 CAMP HILL, PA.17001 SALARY OR WAGES PER MONTH: N O N E TYPEOFWORK: WAITER 0 I AM PRESENTLY UNEMPLOYED THE DATE OF MY LAST EMPLOYMENT WAS: NOVEMBER 15th, 2008 SALARY OR WAGES PER MONTH: $ 2 . 89 Per Hour + Tips TYPE OF WORK: WAITER OTHER INCOME RECEIVED WITHIN THE PAST TWELVE MONTHS: NONE BUSINESS OR PROFESSION: NONE INTEREST: NONE OTHER SELF-EMPLOYMENT: NONE DIVIDENDS: NONE PENSION AND ANNUITIES: NONE SUPPORT PAYMENTS: NONE SOCIAL SECURITY BENEFITS: NONE DISABILITY PAYMENTS: NONE. WORKMAN'SCOFIPENSATION: NONE PUBLICASSISTANCP. NONE IN FORMA PAUPERIS AFFIDAVIT/PETITION CHALMERS A. SIMPSON #JM-6889 P.O.BOX 200 CAMP HILL, PA. 17001 VS. DEFENDANT: NAME and ADDRESS rCAMP HILL STATE CORRECTIONAL FACILITY P.O.BOX 200 CAMP HILL, PA. 17001 UNEMPLOYMENT COMPENSATION AND SUPPLEMENTAL BENEFITS: NONE OTHER: NONE AOPC 622A-09 PAGE 1 OF 2 Case Name CHALMERS A. SIMPSON ER CONTRIBUTIONS TO HOUSEHOLD SUPPORT. NONE (WIFE) (HUSBAND) NAME: NONE MY (WIFE) (HUSBAND) IS EMPLOYED N/A SPOUSE'S EMPLOYER: NIA SALARY OR WAGES PER MONTH: N/A N/A TYPE OF WORK: CONTRIBUTIONS FROM CHILDREN: NONE CONTRIBUTIONS FROM PARENTS: NONE NONE OTHER CONTRIBUTIONS: PROPERTY OWNED NONE NONE CASH: NONE CHECKING ACCOUNT: NONE SAVINGS ACCOUNT: NONE CERTIFICATES OF DEPOSIT: - REAL ESTATE (INCLUDING HOME): NONE MOTOR VEHICLE: MAKE NONE N/A YEAR NIA COST AMOUNT OWED:$ N / A STOCKS;BONDS: NONE NONE OTHER DEBTS AND OBLIGATIONS MORTGAGE: NONE RENT: BACK RENT OWE $5,000 LOANS: STUDENT LOAN FROM CATHERINE OTHERELECTRIC BILL OWE $4;700 GIBBS $2,600 PERSONS DEPENDANT UPON ME FOR SUPPORT (WIFE) (HUSBAND) NAME: FIANCEE BEATRICE WILSON 33 YEARS CHILDREN, IF ANY: NAME:BOOGERD NK WILSON AGE 13 NAME: NICHOLAS WILSON AGE: 11 TAJON WILSON NAME: AGE: 15 WANISHA D. WILSON NAME: AGE: 12 NAME: AGE: OTHER PERSONS - NAME: NONE N/A RELATIONSHIP NAME: RELATIONSHIP: 514. 1 understand that I have a continuing obligation to inform the Court of improvement in my financial circum- stances which would permit me to pay the costs incurred herein. 0 5. 1 verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. -? "2,6 It o Docket Number: Action by the Magisterial District Judge: Date , Magisterial District Judge My commission expires first Monday of January, SEAL CPC 6228-05 PAGE 2 OF 2 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY OF: Malilsteriai District Number. 09-1-01 CHARLES A. CLEMENT; JR District Justice Name: Hon. OLDE TOWNE COMMONS 400 BRIDGE STREET-#3 Address: NEW CUMBERLAND, PA. 17070 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS I-CHALMERS A. SIMPSON #JM-6889 P.O.BOX 200 CAMP HILL, PA.17001 PHONE N 0 N E vs. Telephone: ( 717 ) 774-5989 I DEFENDANT: NAME and ADDRESS FCAMP HILL STATE CORRECTIONAL FACILITY P.O.BOX 200 CAMP HILL, PA. 17001 PHONE Docket No.: Date Filed: AMOUNT DATE APnD FILING COSTS $?_ SERVING COSTS $ TOTAL $ 0 together with costs TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for I upon the following claim (Civil fines must include citation of the statute or ordinance violated): 1)0 n August 7th, 2010 I passed out and was tooken to the infirmary located in medical. 2)I remained in the in afromntilpAugust 10th' 2010 due to a broken ankle that resulted 3)I was allowed to return back to B-BLOCK to my cell on August 10th, 2010. had been 4)When I returned back to B-BLOCK my personel property packed up and moved to another location. CONT. correct to the true and RS A. SIMPSON verify that the facts set forth his complaint s of Section 4904 of the Crimes I, CHALME are best of my knowledge, information, and belief. This statement is made subject to t p Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. DfPlain (S gnature or rued Agerd) Plaintiff's Attorney. Address: Telephone: ( ) ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFIOC R IMMEDIATELY UNLESS YOU DO IF YOU INTEND TO TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT Y JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is aint form strict thSSi office adi least five {5) days beforet he assert at the hearing, you must file it on a comp not within d date set for the hearing. If you have a claim office the plaintiff which the procedures y. may followistf you acre jurisdiction, you may request information from this disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A (12-1-98) CONT. 5) When i final-ly was given back my personal property there were a number of items missing. 6) I contacted the BLOCK SERGENT who worked the 6:00 A.M. to 2:00 P.M. shift, he stated that my property was packed up by the 2:00 to 10:00 P.M. shift. 7) When I checked with 2:00 P.M. to 10:00 P.M. shift BLOCK SERGENT I was told that my property was packed by the 6:00 A.M. to 2:00 P.M. shift. 8) No one wanted to take the responsibility for the property that was stolen. 9) On August 16th, 2010 I spoke with COUNSELOR HUBLER on B-BLOCK, he stated that he would try to replace the property that was stolen. 10) August 17th, 2010 COUNSELOR HUBLER GAVE ME A GRIEVANCE to file. 11) I filled out the GRIEVANCE and returned it on August 17th, 2010. 12) For the theft of my property stolen, for having to file a CIVIL COMPLAINT, for copies, legal.material, postage, and the theft of my property PLAINTIFF request a judgment in the amount of $223.00. 13) SCI CAMP HILL is responsible for the safety of PLAINTIFF and any and all property he owns while he is under there supervision, and that makes THE STATE CORRECTIONAL INSTITUTION OF CAMP HILL liable under the law. DATED: This, 24th day of August, 2010 ?CJ CHALMERS A. SIMPSON JM-6889 P.O.BOX 200 CAMP HILL, PA. 17001 ?o JT 'If?i DC-8t)4 Part " COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS P.O. BOX 598 CAMP HILL, PA 17001-0598 OFFICIAL 14MATE GRIEVANCE FOR FFICIAL USE NLY sf? sb& GRIEVAN C UMBE i .Lu TO FACILFYGRIEVANCE '3OORDINATOR FACILITY: ATE: 17- Q0 FAt M (INMATE NAMEj.& NIABER) SI NA RE of I ATE* ORKASSIGNMENT- HOUSINGASSIGNMENT: INSTRUCTIONS: 1 Refer to the DC-ADPA 304 for procedures on the inmate grievance system. 2. State your grievance it Block A in a brief and understandable manner. 3. List in Block B any a:;tions you may have taken to resolve this matter. Be sure to include the identity of staff members you have coitacted. A. F'rovide a brief, clear statement of your grievance. Additional paper ay be used, maximum two pages. 7-fA - T-, C o ..,...}' A o Iw r? to ow e C? A MA1 - 0 IA A t . /JAI 2D 1 U V b WAM I I- VAY l? ? r t ?q A l-$ {,,,j r.s t- ..? 14A t ? 4o ?? ' H bh to ?ouo?t u_ y /6y t6 My ; .f I 10 0 f) V(kJAC 07 Jw T B. List actions taken and staff you have contacted, before submitting this grievance. wovl(.? +yy ?(e. 1AK6 Your grievance has been received and will be processed in accordance with DC-ADM 804. Signature of Facility Grievance Coordinator Date WHITE -Facility Grievance Coordinator Copy CANARY- File Copy PINK Action Retum'Copy OLDENROD - Inmate Copy Revised n,.>,,..,..ti..- -?nnn ?itl COMMONWEALTH OF PENNSYLVANIA COUNTY OP Al IN FORMA PAUPERIS THE COURT OF COMMON PLEAS THE CUMBERLAND COUNTY COURT HOUSE CIVIL DIVISION PROTHONOTARY OFFICE A'OKE COURT-HOUSE SQUARE- CARLISLE, PA.17013 AFFIDAVIT/PETITION CHALMERS A. S IMPSON '50 H Cam, Rk, 171I0 VS. DEFENDANT: NAME and ADDRESS I- STATE CORRECTIONAL FACILITY SCI-CAMP HILL P.O.BOX 200 CAMP.HILL, PA. 17001 -71 L J Docket No.: Date Filed: STATEMENT OF THE PETITIONER - I hereby request that this Court permit me to proceed in forma pauperis (without payment of the filing fee). III support of this I state the following: OX 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fee for filing this action. ©2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. ®3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: NAME AND ADDRESS PRESENT EMPLOYER'S NAME AND ADDRESS CHALMERS A. SIMPSON NONE #JM6889 TYPE OF SALARY OR WAGES PER MONTH: NONE I AM PRESENTLY UNEMPLOYED THE DATE OF MY LAST EMPLOYMENT WAS: NOVEMBER 15th, 200$ $2.89 PLUS TIPS SALARY OR WAGES PER MONTH: '',. Iv «= .TYPE OF WORK: WAITER OTHER INCOME RECEIVED WITHIN THE PAST TWELVE MONTHS: NONE BUSINESS OR PROFESSION: NONE INTEREST: NONE OTHER SELF-EMPLOYMENT: NONE DIVIDENDS: NONE PENSION AND ANNUITIES: NONE SUPPORT PAYMENTS: NONE SOCIAL SECURITY BENEFITS: NONE DISABILITY PAYMENTS: NONE WORKMANS COMPENSATION: NONE PUBLIC ASSISTANCE: NONE UNEMPLOYMENT COMPENSATION AND SUPPLEMENTAL BENEFITS: NONE OTHER: NONE AOPC 622A-09 PAGE 1 OF 2 Case Name: Docket Number: CHALMERS A. SIMPSON SPOUSE'S EMPLOYER: N/A SALARY OR WAGES PER MONTH: N/A TYPEOFWORK: N/A CONTRIBUTIONS FROM CHILDREN: NONE CONTRIBUTIONS FROM PARENTS: NONE OTHER CONTRIBUTIONS: NONE PROPERTY OWNED NONE CASH: NONE CHECKING ACCOUNT: NONE SAVINGS ACCOUNT: NONE CERTIFICATES OF DEPOSIT: NONE REAL ESTATE (INCLUDING HOME): NONE MOTOR VEHICLE: MAKE NONE YEAR N/A COST N/A AMOUNTOWED:S N/A LTMKS;QONDS: NONE OTHER NONE DEBTS AND OBLIGATIONS MORTGAGE: NONE RENT.. RENT $5.000 LOANS: STUDENT LOAN FROM KATHERINE GIBBS SCHOOIb.HER: PECO ELECTRIC BILL $4.700 OF LAW $2.600 PERSONS DEPENDANT UPON ME FOR SUPPORT - FIANCEE BEATRICE IF BOOGERDINK NAME: TAJON WILSON AGE: 15 NAME: WANISHA D. WILSON AGE:12 NAME: NICHOLAS WILSON AGE: 11 NAME: AGE: 0 OTHER PERSONS - NAME: NONE RELATIONSHIP NAME: RELATIONSHIP: 0 4.1 understand that I have a continuing obligation to inform the Court of improvement in my financial circum- RX] stances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Sec. 4904, relating to unswom falsification to authorities. C ; Date , My commission expires first Monday of January, SEAL 1. CASE CAPTION: IA. CASE NO.: CIVIL ACTION 2. PLAINTIFF(s): (Name, address) CHALMERS A. SIMPSON. S o IM rlr[ ?, Pa t7?1? H ? 7(7- ( Y1- 4. DEFENDANT(s): (Name, address) STATE CORRECTIONAL FACILITY SCI CAMP HILL P.O.BOX 200 CAMP HILL, PA.17001 Do not staple or attach on this side 3. AINTIF ' or (circle one) DEFENDANT'S COUNSEL: (FILING ATTORNEY) (Name, firm, address, telephone and attorney ID#) 5. ARE THERE, ANY RELATED CASES? (see C.C.R.C.P. 200B) U Yes ?X No IF YES, SHOW CASE NOS. AND CAPTIONS: 6. IF THIS 1S AN APPEAL FROM A DISTRICT JUSTICE JUDGMENT, WAS APPELLANT ? PLAINTIFF OR ? DEFENDANT IN THE ORIGINALACTION? This is not an appeal from a District Justice .Judgment: 7. CASE CODE: C V- B DESCRLPTYON: (see reverse side) Bodily T n; „r.y L C V- 0 CIVIL A C T T n. 8. IS THIS AN ARBITRATION CASE? 1:3 Yea ? No _JURY TRIAL DEMANDED (Arbitration Limit is $50,000. See C.C.R.C.P. 1301.1) ARBITRATION CASES-ONLY An Arbitration hearing in this matter is scheduled for at in the Jury Lounge, County Court House,01 a r l i s 1 e, P a. The parties and their counsel are directed to report to the Juror's Lounge for an arbitration hearing in this matter on the date and time set forth above. This matter will be heard by a Board of Arbitrators at the time, date and place specified .but, if one or more of the parties is not' -present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL COVER SHEET FILEWITH. Cumberland County_ Court House NOTICE OF TRIAL LISTING DATE Pursuant to C.C.R.C.P. 249.3, if this case is not subject to compulsory arbitration it will be presumed heady for trial twelve (12) months from the date of the initiation of the suit and will be placed on the trial list one (1) year from the date the suit was filed unless otherwise ordered by the Court. To obtain relief from automatic trial listing a parry must proceed pursuant to C.C.R.C.P. 249.3(b), request an administrative conference and obtain a court order deferring the placement of the case on the trial list until a later date. Prothonotary Carlisle, Pa. I THIS COVER SHEET IS REQUIRED BY C.C.R.P. 1018.1 (b) AND MUST BE SERVED UPON ALL OTHER PARTIES TO THE ACTION IMMEDIATELY AFTER FILING. SUBMIT ENOUGH COPIES FOR SERVICE SEE REVERSE SIDE FOR CASE CODES AND DESCRIPTIONS (DETACH PRIOR TO FILLING OUT) PROTHONOTARY - FORMA 148.2 REV. 82008 .WW PROOF OF UNSWORN DECLARATION OF VERIFICATION I, CHALMERS A. SIMPSON , do hereby verify that the facts set forth in the documents are true and correct to the best of my knowledge, information, and belief; and that any false statements made herein are subject to the penaties of Section 4904 of the Pennsylvania Criminal Statutes, 18 Pa. C.S.A. $ 4904 relating to UNSWORN FALSIFICATION TO AUTHORITIES. M. L. EBERT, JR. JUDGE Z liJ ? T' `(}4.440 M-^ 11 F -.f) "p r,"I ?i )E --c; -J COURTHOUS SQ?A_4y 1J -1-.41 CARLI', 1.7 GC°t., f,l r?vOruS f;aeu `;;4i cOmr?.iacd name rc le'Sed n?, ilOt i„?ir;h 9C RETURN TO SENDER REFUSED UNAM-F- TO FORWARD 17013'Z3390-2 *0119-09367-01-42 NxX2E 176 cc 1 94 12107/13 Chalmers A. Simpson, JM-6889 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I Sheriff -.I t I ??' lj .?`•.,f, Jody S Smith Chief Deputy 12 AR -5 p Z- 41 Richard W Stewart Solicitor llM3ERLuQ PENNSYL\'AN' Chalmers A. Simpson, Jr. Case Number vs. 2011-8014 The Superintendent of State Correctional Facility SCI Camp Hill SHERIFF'S RETURN OF SERVICE 02/21/2012 01:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 21, 2012 at 1335 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: The Superintendent of State Correctional Facility SCI Camp Hill, by making known unto Michael Bell, Correction Superintendent III for SCI Camp Hill at 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. / - ,-7 NOAH CLINE, DEPUTY SO ANSWERS, February 23, 2012 RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chalmers A. Simpson v. No. 11-8014 Civil -, SCI Camp Hill et al. Officer Kane, Sgt. Houser, COs ' Medical _< _T__ PRAECIPE FOR ENTRY OF APPEARANCE x- TO THE PROTHONOTARY: rv Please enter my appearance as counsel on behalf of SCI-Camp Hill, Officer Cain (misspelled as "Kane" in Plaintiff's Complaint), Sgt. Houser, and the Medical Department at SCI-Camp Hill in the above-captioned matter. Respectfully submitted, Office of General Counsel By: - Travis S. Anderson Assistant Counsel Attorney I.D. No. 307264 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Dated: March 12, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chalmers A. Simpson V. SCI Camp Hill et al. Officer Kane, Sgt. Houser, Medical No. 11-8014 Civil CERTIFICATE OF SERVICE I hereby certify that I am depositing in the U.S. mail a true and correct copy of the foregoing praecipe upon the person(s) in the manner indicated below: Service by first-class mail addressed as follows: Chalmers A. Simpson Inmate No. 43148 Chester County Prison 501 South Wawaset Rd. West Chester, PA 19382 Shelly R. 41ley Legal Assistant I Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Dated: March 12, 2012 IN THE COURT OF COMMON PLEAS n OF CUMBERLAND COUNTY, PENNSYLVANIA Chalmers A. Simpson C7J No. 11-8014 Civil SCI Camp Hill et al. Officer Kane, Sgt. Houser, Medical PRELIMINARY OBJECTIONS AND NOW come the Defendants, the State Correctional Institution at Camp Hill ("SCI-Camp Hill"), Officer Cain,' Sgt. Houser, and the Medical Department at SCI-Camp Hill, by and through their attorney, Travis S. Anderson, and file the following preliminary objections. Background 1. The Plaintiff is Chalmers A. Simpson, who, at all times relevant to this action, was an inmate incarcerated in the custody of the Pennsylvania Department of Corrections ("Department") at SCI-Camp Hill. 2. The Defendants are SCI-Camp Hill, a subdivision of the Department; Officer Cain, a Corrections Officer employed at SCI-Camp Hill; Sgt. Houser, a ' Officer Cain's name is misspelled in the Complaint as "Kane." 1 T Sergeant employed at SCI-Camp Hill; and the Medical Department at SCI-Camp Hill.' 3. Plaintiff claims that Sgt. Houser ordered him to move to a cell on an upper tier. (Complaint, ¶¶ 4-5). When Plaintiff allegedly protested that ascending and descending the stairs would make him dizzy and cause him to pass out, Sgt. Houser allegedly "went to check:" (presumably the medical records), and then indicated that "there's nothing listed." (Id., ¶¶ 6-7). Sgt. Houser then allegedly told Plaintiff to contact the Medical Department and ordered him to take the upper- tier cell. (Id., T¶ 8-9). 4. Plaintiff claims to have also complained to Officer Cain on one occasion about his difficulty with having an upper-tier cell., and alleges that she, too, told him to contact the Medical Department. (Id., ¶ 16). 5. Plaintiff claims that negotiating the stairs subsequently caused him to pass out, resulting in personal injuries. (Id., ¶¶ 17-18). 6. He further alleges that, while under the care of SCI-Camp Hill's Medical Department, he received improper treatment. (Id., ¶¶ 20-37). 2 The caption of the Complaint identifies "Medical" as a defendant, but, based on Plaintiff's allegations, it appears that he is suing the Medical Department at SCI- Camp Hill. 2 7. He also indicates that some of his property was improperly taken, and makes several broad claims about the allegedly unpleasant conditions of confinement within SCI-Camp Hill.. (Id., ¶¶ 38-44, 55-64). 8. Plaintiff claims that his civil rights under the Eighth Amendment have been violated, and seeks money damages from the Defendants. DEMURRER Pa. R.C.P. No. 1028(a)(4) 9. "A preliminary objection in the nature of a demurrer must be sustained where it is clear and free from doubt that the law will not permit recovery under the facts alleged." Petsinger v. Dep't. of Labor & Indus., 988 A.2d 748, 753 n.l (Pa. Cmwlth 2009). 10. Here, Plaintiff fails to allege sufficient facts to entitle him to any relief from the Defendants. Claims against entities are not cognizable under Section 1983 11. Because Plaintiff seeks money damages for alleged violations of his Eighth Amendment rights, his claim necessarily arises under 42 U.S.C. § 1983. 12. "To state a claim under Section 1983, a plaintiff must (1) allege a violation of rights secured by the United States Constitution and the laws of the United States, and (2) show that the alleged deprivation was committed by a person acting under color of state law." Owens v. Shannon, 808 A.2d 607, 610 n.6 (Pa. Cmwlth. 2002). 3 13. Where monetary damages are sought, a state is not considered a "person" for purposes of Section 1983. Will v. MI Dep't. of State Police, 491 U.S. 58, 71 (1989). 14. Under Will, SCI-Camp Hill and its Medical Department are indistinguishable from the Commonwealth itself, and therefore Plaintiff's claim for money damages against these entities is barred. 15. Further, in order to make out an Eighth Amendment deliberate indifference claim, the Plaintiff "must, at a minimum, allege that [the defendants] knew of and disregarded an excessive risk to [his] health or safety." Jochen v. Horn, 727 A.2d 645, 649 (Pa. Cmwlth. 1999); see also Atkinson v. Taylor, 316 F.3d 257, 262 (3d Cir. 2003). 16. Neither SCI-Camp Hill nor its Medical Department is a sentient being, and therefore they are incapable of possessing knowledge or disregarding information. 17. Therefore, Plaintiff's deliberate indifference claims against SCI-Camp Hill and its Medical Department fail as a matter of law, and should be dismissed with prejudice. Failure to allege Eighth Amendment violations related to Plaintiff's injuries 18. Section 1983 liability requires personal involvement and may not be imposed on a theory of respondeat superior. Rode v. Dellarciprete, 845 F.2d 1195 4 (3d Cir. 1988). Even under the Federal Rules of Civil Procedure's more liberal notice-pleading standard, "a plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1948 (2009). Further, "each Government official, his or her title notwithstanding, is only liable for his or her own misconduct." Id. at 1949. 19. As noted supra, a prison employee only violates the Eighth Amendment when that employee is aware of and consciously disregards an excessive risk to the plaintiff-inmate's health or safety. Jochen, 727 A.2d at 649. Further, a prison official who is aware of a substantial risk to an inmate's health or safety may discharge his or her duty under the Eighth Amendment by responding reasonably to the risk, even if doing so does not avert the ultimate harm. Farmer v. Brennan, 511 U.S. 825, 844 (1994). "[P]rison officials who act reasonably cannot be held liable under the Cruel and Unusual Punishments Clause." Id. at 845. 20. Here, Plaintiff's allegations do not support an Eighth Amendment deliberate indifference claim against Officer Cain or Sgt. Houser. 21. Plaintiff's only substantive allegation against Officer Cain is that the day before he allegedly injured himself, he told Officer Cain "that if he continued to walk up and down the steps he would pass out," and that she told him to contact the Medical Department. (Complaint, ¶¶ 16, 52). Plaintiff does not indicate if 5 attempted to contact the Medical Department pursuant to Officer Cain's suggestion. 22. Plaintiff's allegation that he told Officer Cain that he would pass out does not, per se, evince an excessive risk, and Officer Cain's alleged response-to contact the Medical Department=was clearly reasonable under the circumstances, and does not demonstrate that she disregarded Plaintiff's concerns. Therefore, Officer Cain should be dismissed from this action. 23. Similarly, Plaintiff has not shown that Sgt. Houser knew of or disregarded an excessive risk to Plaintiff's health or safety. 24. Plaintiff claims that when he told Sgt. Houser that he was medically precluded from being housed on an upper tier, Sgt. Houser checked into Plaintiff's claim and told him "there's nothing listed." (Complaint, ¶¶ 4-7). Plaintiff also claims that several months earlier, when he had informed the Medical Department about his problems with negotiating stairs, the Medical Department did not log this information. (Complaint, ¶ 53). Thus, according to the facts that Plaintiff has alleged, his medical records did not reflect that he was medically precluded from having an upper-tier cell, and thus Sgt. Houser had no way of substantiating that an upper-tier cell would actually imperil Plaintiff's health or safety. 25. Further, like Officer Cain, Sgt. Houser also told Plaintiff to address his medical claims with the Medical Department. (Complaint, ¶ 8). This is clearly 6 a reasonable response to Plaintiff's concerns and shows that Sgt. Houser did not disregard Plaintiff's medical needs. 26. Additionally, neither Defendant is a medical professional, and it is well-established that "[i]f a prisoner is under the care of medical experts ...a non- medical prison official will generally be justified in believing that the prisoner is in capable hands." Spruill v. Gillis, 372 F.3d 218, 236 (3d Cir. 2004); see also Durmer v. O'Carroll, 991 F.2d 64., 69 (3d Cir. 1993) (holding that non-physicians cannot be deliberately indifferent for failing to respond to an inmate's medical complaints when the inmate is under the care of a prison doctor). Both Defendants directed Plaintiff to address his medical concerns with the Medical Department, and Plaintiff does not allege that either defendant had any reason to believe that Plaintiff would be unable to receive appropriate medical care. 27. By directing Plaintiff to the Medical Department, the defendants satisfied their obligations under the Eighth Amendment, and therefore they cannot be held liable for deliberate indifference. 28. Thus, Plaintiff has not alleged sufficient facts to entitle him to any relief for his claims related to falling down the stairs, and these claims should accordingly be dismissed. 7 Failure to allege personal involvement with reject to general conditions 29. Plaintiff claims that his cellblock at SCI-Camp Hill was dirty, had poor climate control, and that he encountered rats and roaches there. (Complaint, ¶¶ 54-57, 59-63, 69-71). He claims that because Officer Cain and Sgt. Houser allegedly knew of these conditions, they were deliberately indifferent to his basic human needs. (Id., ¶ 59). 30. As a threshold matter, "the Constitution does not mandate comfortable prisons," and to the extent that prison "conditions are restrictive and even harsh, they are part of the penalty that criminal offenders pay for their offenses against society." Rhodes v. Chapman, 452 U.S. 337, 347-349 (1981). 31. Further, while Plaintiff alleges that Officer Cain and Sgt. Houser were aware of the alleged conditions on his cellblock, he does not allege that they were responsible for said conditions, or that they had any power or authority to do anything to improve them. Unless these officers had some actual ability to improve the conditions of the cellblock, Plaintiff cannot show that they were deliberately indifferent to a risk to his health or safety. That is, if the officers were helpless to do anything about the situation, then Plaintiff cannot prove that their deliberate indifference contributed. to his alleged suffering. It would be inequitable to hold these non-commissioned corrections officers liable merely because they were assigned to work on a cellblock that allegedly had undesirable conditions. 8 32. Therefore, Plaintiff has not shown that the individual defendants had personal involvement in any claim related to the general conditions of Plaintiff's cellblock, and these claims should accordingly be dismissed. Failure to allege personal involvement with respect to property claims 33. Plaintiff claims that some of his personal property valued at $23 went missing. (Complaint, ¶ 38). His subsequent attempts at obtaining reimbursement were allegedly futile. (Id., ¶¶ 38-43). 34. Plaintiff does not allege that any of the Defendants had any involvement in the alleged loss of his property, nor does he appear to seek any relief related to this claim. 35. Therefore, any claims related to Plaintiff's property should be dismissed. FAILURE TO EXHAUST A STATUTORY REMEDY Pa. R.C.P. No. 1028(a)(7) 36. Under Pennsylvania's Prison Litigation Reform Act ("PLRA"), 42 Pa.C.S. §§ 6601 et seq., claims brought in state court to vindicate a right arising under federal law are "subject to any limitations on remedies established by Federal law or Federal courts..." 42 Pa.C.S. § 6603(a). 37. The federal PLRA, 42 U.S.C. §§ 1997e, et seq., mandates that a prisoner may not bring a lawsuit: related to "prison conditions" pursuant to 42 U.S.C. § 1983 or any other provision of federal law unless the prisoner has 9 exhausted "such administrative remedies as are available." 42 USC § 1997e(a). The exhaustion requirement of § 1997e(a) "applies to all prisoners seeking redress for prison circumstances or occurrences." Porter v. Nussle, 534 U.S. 516, 524 (2002). 38. Here, Plaintiff is a prisoner and the instant case is "prison conditions" litigation within the meaning of the PLRA because it concerns incidents that occurred during Plaintiff's incarceration. Plaintiff's claims arise under federal law. Therefore, under 42 Pa.C.S. § 6603(a), Plaintiff's claims are subject to the mandatory exhaustion requirement of the federal PLRA. 39. A Pennsylvania inmate's administrative remedies include the inmate grievance system outlined in DC-ADM 804.3 Spruill v. Gillis, 372 F.3d 218, 232 (3d Cir. 2004). Plaintiff never filed a grievance under DC-ADM 804 pertaining to the claims at issue in the instant action, and therefore Plaintiff has failed to exhaust his available administrative remedies. 40. Accordingly, this case should be dismissed. 3 Pursuant to 37 Pa. Code § 93.9, the Department maintains a grievance system. DC-ADM 804, entitled "Inmate Grievance System," establishes procedures for review of inmate grievances and consists of a three-step process that is described in Booth v. Churner, 206 F.3d 289, 293, n. 2 (3d Cir. 2000), affd on other grounds, 532 U.S. 731 (2001), which begins with a grievance filed (Step 1) with the facility's Grievance Coordinator, followed by an internal appeal to the Superintendent (Step 2), and ends with Final Review (Step 3) provided by the Secretary's Office of Inmate Grievance Appeals ("SOIGA"). A true and correct copy of the version of DC-ADM 804 in effect at all times relevant to this action is attached in the Appendix as Exhibit B-1. 10 WHEREFORE, the Defendants respectfully request that this Honorable Court dismiss this case. Respectfully submitted, Of ice of General Counsel By:?o Travis S. Anderson Assistant Counsel Attorney I.D. No. 307264 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Dated: March 12, 2012 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chalmers A. Simpson V. No. 11-8014 Civil SCI Camp Hill et al. Officer Kane, Sgt. Houser, Medical CERTIFICATE OF SERVICE I hereby certify that I am depositing in the U.S. mail a true and correct copy of the foregoing preliminary objections upon the person(s) in the manner indicated below: Service by first-class mail addressed as follows: Chalmers A. Simpson Inmate No. 43148 Chester County Prison 501 South Wawaset Rd. West Chester, PA 19382 Shelly R. Polley Legal Assistant I Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Dated: March 12, 2012 12 CAJAL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Chalmers A. Simpson vs. SCI Camp Hill, et al. (List the within matter fQr- F-ib ngg -= ---- ------------------------- cry r' _xa rv Y Co ;< > (-, Tom, No. 8014 2011 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' demurrer to the complaint 2. Identify all counsel who will argue cases: ,711 771 , (a) for plaintiffs: Chalmers A. Simpson (pro se), Chester County Prison, (Name and Address) 501 S. Wawaset St., West Chester, PA 19382 (b) for defendants: Travis S. Anderson, 1920 Technology Parkway, (Name and Address) Mechanicsburg, PA 17050 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature Tro,V0 )- ?n e.Su^ Print your name Defendants March 15, 2012 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 419,15 pp ATrN/ &J,5 87 I2? a93o5? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chalmers A. Simpson V. SCI Camp Hill et al. Officer Kane, Sgt. Houser, Medical No. 11-8014 Civil PROPOSED ORDER AND NOW, this 2 nd flay of _ A pe?? 2012, upon consideration of the Defendants' motion to have their preliminary objections decided on the briefs without oral argument, the motion is hereby GRANTED. An briefing schedule shall be issued forthwith. By the Court: T? ri v;s AnGier-,o.1. &s! CHALMERS A. SIMPSON V. SCI CAMP HILL et al. OFFICER KANE, SGT. HOUSER, MEDICAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-8014 CIVIL ORDER OF COURT AND NOW, this 2nd day of April, 2012, it appearing that Travis S. Anderson, Esquire, Assistant Counsel, Pennsylvania Department of Corrections has entered his appearance on behalf of all Defendants in this case and that the Department of Corrections has filed preliminary objections, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion to Reinstate Service is DENIED as being MOOT. By the Court, ? Chalmers A. Simpson, JM-6889 SCI-Camp Hill P. O. Box 200 Camp Hill, PA 17001-8837 Travis S. Anderson, Esquire Office of General Counsel Pennsylvania Dept. of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 bas &P;eS jwc,'Ie4 413-11X M. L. Ebert, Jr., J. rrl -11: F7, m. w - r.- CHALMERS A. SIMPSON V. SCI CAMP HILL et al. OFFICER KANE, SGT. HOUSER, MEDICAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-8014 CIVIL IN RE: PRELIMINARY OBJECTION BRIEFING SCHEDULE ORDER OF COURT AND NOW, this 2nd day of April, 2012, upon consideration of the Defendant's Preliminary Objections, IT IS HEREBY ORDERED AND DIRECTED that Defendant shall file a brief in support of their preliminary objections on or before May 4, 2012. The Plaintiff shall file a reply brief on or before June 8, 2012. The matter shall be decided upon consideration of the briefs without oral argument. By the Court, ly?? ?u V M. L. Ebert, Jr., J. Chalmers A. Simpson, JM-6889 SCI-Camp Hill P. O. Box 200 Camp Hill, PA 17001-8837 r ;r. T? T^r? J 4. Travis S. Anderson, Esquire '' Office of General Counsel : '" ??ytJ ` Pennsylvania Dept. of Corrections _ 1920 Technology Parkway Mechanicsburg, PA 17050 } Court Administrator -qN/ - ?AS bas CHALMERS A. SIMPSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SCI CAMP HILL et al. OFFICER KANE, SGT. HOUSER, MEDICAL NO. 11-8014 CIVIL ORDER OF COURT AND NOW, this 7th day of June, 2012, upon consideration of Chalmers A. Simpson's Pro Se Motion for an Extension; IT IS HEREBY ORDERED AND DIRECTED that the Motion for an Extension is GRANTED. Chalmers A. Simpson shall file his reply brief on or before July 13, 2012. ? Chalmers A. Simpson, JM-6889 SCI-Camp Hill P. O. Box 200 Camp Hill, PA 17001-8837 IV/f- S. Anderson, Esquire Office of General Counsel Pennsylvania Dept. of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 By the Court, ?tk \? M. L. Ebert, Jr., Zl- Court Administrator- bas CHALMERS A. SIMPSON V. SCI CAMP HILL et al. OFFICER KANE, SGT. HOUSER, MEDICAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-8014 CIVIL ORDER OF COURT AND NOW, this 7th day of June, 2012, upon consideration of Chalmers A. Simpson's Pro Se Motion for an Extension, this being a second request; IT IS HEREBY ORDERED AND DIRECTED that the Motion for an Extension is GRANTED. Chalmers A. Simpson shall file his reply brief on or before August 31, 2012. ? Chalmers A. Simpson, JM-6889 SCI-Camp Hill P. O. Box 200 Camp Hill, PA 17001-8837 Or /Chester County Prison 501 S. Wawaset Road West Chester, PA 19382 ? Travis S. Anderson, Esquire Office of General Counsel Pennsylvania Dept. of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 V' Court Administrator -in 6in By the Court, ?* -? M. L. Ebert, Jr., Pq r - C-0 t PO IBS r0 r ? ? ? CoP c-, bas