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HomeMy WebLinkAbout12-2337i IN THE COURT OF COMON PLEAS OF CUMBERLAND COUN'T'Y, PEZO SYLVANI . Richard W. Illes, Sr., M.D. No. i FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Plaintiff _ V. Jeffrey Beard, Ph.D. Individually and in Official Capacity Department of Corrections & 2520 Lisburn Road Dorina Varner Camp Hill, PA 17001 Individually and in _ Official Capacity Ian Taggart Individually and in Official Capacity John Murray Individually and in Official Capacity Chris Chambers Individually and in - Civil Action-Law Official Capacity & Civil Rights Action Randy Bare (42 U.S.C. X1983) Individually and in Official Capacity SCI-Camp Hill & 2500 Lisburn Road - John Horner Camp Hill, PA 17011 Individually and in _ Official Capacity _ R. Carberry Individually and in Official Capacity ? r & - - _,; Lt. Mikizar -G' Individually and in C3 Official Capacity ry` _ a C.O. Umholtz n Individually and in -:> - Official Capacity Mr. Ellenberger Individually and in _ Official Capacity Jury Trial Demanded Defendants 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 do 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 YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle , PA 17013 800-990-9108 COMPLAINT BACKGROUND: 1. Plaintiff is Richard W. Illes, Sr., M.D., who is an inmate housed at SCI-Albion, FS-5769, F/B Block, 10745 Rt. 18, Albion, PA, 16475. 2. Defendant Jeffrey Beard, Ph.D., was the Secretary of the Department of Corrections (DOC), 2520 Lisburn Road, Camp Hill, PA, 17001, at all times relevant to this complaint, and acted under color of state. 3. Defendant John Murray, was the Superintendent of SCI-Camp Hill, Superintendent's Complex, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 4. Defendant Ian Taggart, was the SCI-Camp Hill Grievance Coordinator, Superintendent's Complex, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 5. Defendant Chris Chambers, was the Manager of E-Block, SCI-Camp Hill, 2500 Lisburn, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 6. Defendant Randy Bare, was Medical Administrator, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 7. Defendant John Horner, was the Major for Unit Management, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 8. Defendant R. Carbarry, was Grievance Officer, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 9. Defendant Lt. Mikizar, was Grievance Officer, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 10. Defendant Dorina Varner, was Chief Grievance Officer, PA Department of Corrections, 2520 Lisburn Road, Camp Hill, PA, 17001, at all times relevant to this complaint, and acted under color of state. 11. Defendant C.O. Umholtz, was Corrections Officer, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 12. Defendant Mr. Ellenberger, was Counselor for E-Block, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint and acted under color of state. 13. Plaintiff was transferred to and housed at SCI-Camp Hill from August 5, 2010 to August 31, 2010 to appear, pro se, at a hearing in the U.S. District Court for the Middle District of PA, in Harrisburg, PA. 14. Plaintiff's case in the Middle District Court involved unconstitutional conditions at the Lycoming County Prison, that violated his civil rights. 15. Plaintiff had a diagnosis, and long history, upon transfer to SCI-Camp Hill, of severe degenerative joint disease for over 20 years, that had required cervical spine fusion surgery at two levels, knee surgery, wrist surgery and multiple steroid injections in his shoulders; a diagnosis, and history of neuropathic pain (pain from damaged nerves); a diagnosis, and history of, low back pain that radiated into his legs (sciatica); a diagnosis, and history of, chronic pain syndrome in his back, neck and shoulders; and a diagnosis, and history of, severe depression and an almost successful suicide attempt. 16. Plaintiff's pain had been controlled with Celebrex (a special COX-2 anti- inflammatory medication), and Ultram (a special synthetic narcotic for neuropathic pain). 17. Plaintiff's depression had been controlled by Lexapro (a special anti- depressant), which had been increased in dosage 3 weeks prior to his transfer to SCI-Camp Hill. 2 18. Celebrex, Ultram and Lexapro were all non-formulary medications that required Plaintiff's physicians to fill out a special approval form, stating that Plaintiff needed these special medications because all formulary alternative medications had proven to be ineffective and/or had dangerous side-effects when used by th-2 Plaintiff, and all these medications were approved by the DOC Central Office at Camp Hill, PA. 19. Plaintiff had been informed by the psychiatrist at SCI-Albion that had been most familiar with his case, that he needed to continue the Lexapro for life. 20. Plaintiff's back pain and sciatica were ultimately found to be the result of a ruptured disc between the 5th lumbar and the 1st sacral vertebrae that was pressing on his spinal cord; spinal stenosis of the lumbar spine; foraminal stenosis of the spinal nerve openings at multiple levels; and severe degenerative joint disease of his spine, when an MRI was ordered by his usual treating physicians at SCI-Albion. 21. Plaintiff had a diagnosis, and history of, peptic ulcer disease (PUD), gastritis, and gastro-esophageal reflux disease (GERD), upon transfer to SCI-Camp Hill, all of which were made worse by all other formulary anti- inflammatory agents, and their use would have led to severe abdominal pain and could have resulted in life threatening complications such as bleeding or perforation of the gastrointestinal tract. 22. All other formulary anti-depressant medications were found to be ineffective in controlling Plaintiff's severe depression and/or resulted in dangerous side-effects such as increased depression, inability to urinate, hallucinations, headaches, dizziness, and disorientation. 23. Plaintiff's medical physicians at SCI-Albion had treated Plaintiff's medical problems for six years and were in the best position to know his medication needs. 3 24. Plaintiff's psychiatrists at SCI-Albion had treated his psychiatric problems for six years and were in the best position to know his medication needs. 25. All the physicians and physician's assistants at SCI-Camp Hill and SCI-Albion are employed by the same group, Prison Health Services (PHS) and the DOC. 26. The medical departments at SCI-Camp Hill and SCI-Albion get their medications from the same vendor: Diamond Pharmacy Services, 645 Kolter Drive, Indiana, PA, 15701. 27. The standards of medical care and psychiatric care at SCI-Albion and SCI- Camp Hill, both in Pennsylvania, are by common sense, the same. COUNT ONE DELIBERATE INDIFFERENCE TO SERIOUS MEDICAL CONDITIONS AND THE INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AMENDMENT OF THE U.S. CONSTITUTION AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, BARE, MURRAY AND VARNER 28. Paragraphs 1-27 are hereby incorporated herein. 29. On August 6, 2010, Plaintiff was seen by PA McGinnis in Control at SCI-Camp Hill, who discontinued Plaintiff's pain medications Celebrex and Ultram, that he had been taking for years to control his pain. 30. Plaintiff informed PA McGinnis of this multiple painful conditions, specified in T's 15 and 20, and the reason why these particular medications had to be used as indicated in T's 16, 18, and 21. 31. PA McGinnis did not do any physical examination of Plaintiff, did not review his extensive medical records, and did not consult with his usual treating physicians prior to taking the drastic step of stopping all his pain medications, and did not order any other pain medication, or procedures to control Plaintiff's significant pain. 32. Dr. Underwood supervised PA McGinnis and co-signed her orders to stop Plaintiff's pain medications (Celebrex and Ultram). 4 33. Dr. Underwood never interviewed, examined, or reviewed the medical records of the Plaintiff, prior to approving PA McGinnins' orders to stop Plaintiff's Celebrex and Ultram. 34. Any reasonabi.e health care provider would know that abruptly stopping the pain medications in a person with Plaintiff's medical conditions, would lead to significant pain and suffering. 35. Plaintiff had constant and severe pain in his back, neck, legs and shoulders from the denial of his Celebrex and Ultram pain medications. 36. Plaintiff was not able to participate in any recreational activities because of his pain and suffering. 37. Plaintiff was not able to get dressed, have his bed made, and shoes on and tied, (which was E-Block policy), in time to receive many meals because of his pain, and was therefore denied many meals resulting in a weight loss of about 14 pounds (8% of his body weight), in the 26 days he was at SCI-Camp Hill. 38. Plaintiff was not able to achieve restful sleep due to his pain and suffering. 39. Plaintiff experienced a significant increase in his depression due to his pain and suffering and constant hunger. 40. Plaintiff wrote to Dr. Beaven, the Medical Director of SCI-Camp Hill, to inform him of his severe pain from lack of his pain medications on August 11, 2010 and was told to put in sick call slips, which he did; and he wrote to him again on August 20, 2010 informing him of the ongoing pain and asking him to intervene to control his pain, but got no response. 41. Plaintiff placed multiple sick call requests for pain medications, either his usual pain medications or some other narcotic, steroid injections, or to see a physician were denied by PA Newfield on August 11, and 19, 2010. 42. Dr. Beaven indicated in his response to the request in 5 40, of August 11, 2010, that "We are not allowed Ultram here", apparantly referencing a policy of SCI-Camp Hill, but did not offer any other narcotic or procedure to control Plaintiff's pain. 5 43. No other pain medications that could be effective, or procedures that could effectively control Plaintiff's pain were ever ordered while he was at SCI-Camp Hill. 44. Offering medications that have proven to be ineffective, or dangerous, when used by the Plaintiff, instead of providing known safe and effective medications, shows deliberate indifference to the health care needs of the Plaintiff. 45. Dr. Beaven, as the Medical Director of SCI-Camp Hill, is responsible for the supervision of all PA's and physicians in his department and for designing and implimenting policies for his department. 46. When staff members McGinnis, Newfield, Underwood and Beaven discontinued and/or allowed the discontinuation of Plaintiff's pain medications without doing a physical examination of Plaintiff, without reviewing his medical records, and without contacting his regular treating physicians, they acted with reckless disregard and deliberate indifference to the health care needs of the Plaintiff. 47. When staff members McGinnis, Newfield, Underwood, and Beaven failed to avail themselves of other requested medications and procedures that would control Plaintiff's pain safely and effectively, they acted with reckless disregard and deliberate indifference to the health care needs of the Plaintiff. 48. PA's McGinnis and Newfield, and Drs. Underwood and Beaven had a duty and obligation to Plaintiff as their patient to provide adequate pain medication and/or effective procedures to control his chronic pain and their negligence and violations of Plaintiff's civil rights are being addressed in a separate state tort action for medical malpractice. 49. Plaintiff's grievance regarding this issue informed the Defendants of the negligence and deliberate indifference to the Plaintiff's serious medical conditions. 50. Plaintiff's grievance regarding this issue was denied by Defendant Bare, 6 as Grievance Officer; Defendant Murray as Superintendent; and Defendant Varner as Cheif Grievance Officer for the Secretary of the DOC; each of whom was in a position of authority and could have taken remedial action to stop the pain and suffering of Plaintiff. 51. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that inmates' constitutional rights are not violated by staff members when he is personally made aware of them by the grievance procedure. 52. Any reasonable person employed in the Defendants' capacities in the DOC, would know that stopping all pain medications in someone with the multiple chronically painful conditions that Plaintiff had, would lead to much unneccessary pain and suffering and was deliberate indifference, and reckless disregard, to the medical needs of the Plaintiff. 53. Any reasonable person employed in the Defendants' capacities in the DOC, would know that allowing staff members to deliberately interfer with treatment prescribed by physicians familiar with Plaintiff's medical conditions, would constitute reckless disregard and deliberate indifference to the medical needs of the Plaintiff. 54. All Defendants acted with wanton disregard for the well being, safety, and health care needs of the Plaintiff, by displaying deliberate indifference to his pain and suffering that resulted from their policies and lack of remedial action. 55. Upon his return to SCI-Albion, Plaintiff's usual treating physicians immediately restarted his Ultram and Celebrex, resulting in normalization of his pain. Wf1EREF'ORE, the Plaintiff demands $130,000 compensation for his pain and suffering, hunger, sleeplessness, weight loss and lack of recreation; $1 million in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. 7 COUNT TWO DELIBERATE INDIFFERENCE TO A SERIOUS MEDICAL CONDITION AND THE INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH A 1' OF THE U.S. CONSTITUTION AND 42 U.S.C. §1983 BY DEFENDANT BEARD, BARE, VARNER, AND MURRAY 56. Paragraphs 1-27 are hereby incorporated herein. 57. Upon arrival at SCI-Camp Hill, Plaintiff was denied his anti-depressant medication Lexapro by SCI-Camp Hill staff, despite the fact that SCI-Albion sent a supply of the medication to SCI-Camp Hill with the Plaintiff. 53. Dr. Kcomt stopped Plaintiff's Lexapro, without examining him, reviewing his psychiatric records, or consulting with his regular treating psychiatrist. 59. Plaintiff informed Dr. Kcomt of his history of suicide attempt, severe refractory depression, and the multiple adverse effects and/or ineffectiveness of all other formulary anti-depressant agents, as indicated in ¶ 22, but was told by Dr. Kcomt that "we do not use Lexapro here", apparantly referring to a policy of SCI-Camp Hill. 60. Plaintiff reiterated to Dr. Kcomt, his inability to take any other anti- depressant medications due to their adverse effect which included the worsening of his depression, inability to urinate, hallucinations, headaches, disorientation and dizziness, but Dr. Kcomt refused to let Plaintiff have the Lexapro supplied by SCI-Albion. 61. Plaintiff suffered increased depression, anxiety, headaches, lethargy, insomnia, increased degenerative joint disease pain, and increased neuropathic pain when Lexapro was discontinued abruptly. 62. The abrupt discontinuation of Lexapro is not recommended by the Physician's Desk Reference, 63rd Edition, 2009, due to the recognized and widely known adverse effects experienced by Plaintiff as indicated in ¶ 61. 63. Severe depression is a debilitating disease that affects the physical and emotional well being of a person. 64. Plaintiff made multiple requests for his Lexapro, but was denied by 8 SCI-Camp Hill staff. 65. Dr. Kcomt had a duty and obligation to Plaintiff as his patient to provide appropriate psychiatric evaluation and treatment, and any reasonable psychiatrist working for the DOC should have known that denying Plaintiff necessary anti-depressant medication was deliberate indifference and reckless disregard for the Plaintiff's serious medical condition. 66. Dr. Kcomt's discontinuation of, and refusal to give, Lexapro as prescribed for Plaintiff without examining him, reviewing his psychiatric records, or consulting with his regular psychiatrist, is reckless disregard and deliberate indifference to the health care needs and well being of Plaintiff, and medical negligence; all of which are being pursued in a separate state tort for medical malpractice and civil rights violations. 67. Plaintiff's grievance regarding this issue informed the Defendants of the negligence and deliberate indifference to the Plaintiff's serious medical condition. 68. Plaintiff's grievance regarding this issue was denied by Defendant Bare, as Grievance Officer; Defendant Murray as Superintendent of SCI-Camp Hill; and Defendant Varner as Chief Grievance Officer for the Secretary of the DOC; each of whom was in a position of authority and could have taken remedial action to stop the pain and suffering of the Plaintiff. 69. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that inmates' constitutional rights are not violated by staff members when he is personally made aware of them by the grievance process. 70. Any reasonable person employed in the Defendants' capacities in the DOC, would know that stopping the only anti-depressant that Plaintiff could take, would lead to increased depression and risk of death from suicide and their inaction constitutes a wanton infliction of unnecessary pain and suffering and deliberate indifference to his serious medical condition. 9 ' 71. Upon his return to SCI-Albion, his usual treating psychiatrist immediately restarted his Lexapro, resulting in normalization of his depression. WHEREFORE, the Plaintiff demands $130,000 compensation for pain and suffering, unnecessary risk of suicide, and mental anguish; $1 million in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. f V V W.WP "=DW VIOLATION OF THE FIRST AMENDMENT OF THE U.S. CONSTITUTION, ARTICLE 1, §7 OF THE PENNSYLVANIA CONSTITUTION, AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRAY AND CHAMBERS 72. Paragraphs 1-71 are hereby incorporated herein. 73. On August 13, 2010 after it was clear that Plaintiff was being denied his needed medications, Plaintiff informed the E-Block Manager, Defendant Chambers, that he would like access to the law library to prepare an emergency injunction against the medical staff and the DOC to provide his prescribed medications. 74. The following weekend, Plaintiff was allowed to go to the law library for only 30 minutes, while dozens of other inmates were using the same limited facilities of the law library. 75. Plaintiff requested more access to the law library by asking the law library staff for more time, but was told that it is the policy of SCI-Camp Hill to only allow E-Block inmates access to the law library once a week, for the 30 minutes that Plaintiff got. 76. The following weekend Plaintiff was not allowed to go to the law library at all, because he was told by the officer on his block that the library list was full by the time the list reached his cell, and that the number of inmates allowed to go was limited by policy of SCI-Camp Hill. 77. No other time was given to the Plaintiff to access the law library while he was housed at SCI-Camp Hill, and thus Plaintiff was never able to prepare an injunction to obtain his needed medications. 10 78. By, denying the Plaintiff adequate law library time, the Plaintiff was unable to file an emergency petition for an injunction against the Defendants to provide his needed medications. 79. Plaintiff therefore suffered tremendously as indicated in Counts One and Two. 80. Plaintiff's grievance regarding this issue informed the Defendants of the denial of Plaintiff's right to access the courts; and Plaintiff's grievance was denied by Defendant Chambers, as Grievance Officer; Defendant Murray as superintendent of SCI-Camp Hill; and Defendant Varner as Chief Grievance Officer for Secretary Beard; all of whom were in positions of authority that could have taken remedial action to protect Plaintiff's right to access the courts in a meaningful fashion. 81. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that inmates' constitutional rights are not violated by staff members when he is personally made aware of them by the grievance process. 82. Defendants insured that Plaintiff would not be able to file a petition with the court for emergency injunctive relief by denying him access to the law library, access which was necessary since the Plaintiff was proceeding pro se, was not an attorney, and needed to research and copy materials to prepare his emergency petition. 83. Any reasonable person employed by the DOC in the capacity of the Defendants, would know that denying Plaintiff meaningful access to the law library violated his rights under the PA and U.S. Constitutions to access the courts to redress his issues. 84. Plaintiff did not have funds to hire an attorney to pursue this issue in court. WHEREFORE, Plaintiff demands $500,000 compensation for denial of his constitutional and civil rights and the pain and suffering that ensued; $1 million in punitive damages; and all court, attorney and miscellaneous expenses related to litigating this issue in court. 11 INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AMEMO T OF THE U.S. CONSTITUTION AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRAY, TAGGART AND CHAMBERS 85. Paragraphs 1-71 are hereby incorporated herein. 86. Plaintiff had severe constant pain as indicated in Counts One and Two. 87. Plaintiff's pain and stiffness were most pronounced during early morning hours. 88. Due to pain and stiffness, Plaintiff was not always able to comply with E-Block policy that required inmates to be fully dressed, have their beds made, have shoes on and tied, and be standing at their cell doors in order to receive meals during meal times. 89. Often the Plaintiff's pain was so severe that it would take an hour to accomplish the tasks noted in S1 88. 90. E-Block staff would only give inmates a warning of about 10 minutes that meals were about to be served. 91. Plaintiff was denied at least one, and often two, meals each day due to his inability to comply with rules in T 88, due to his pain and stiffness. 92. Plaintiff lost about 14 pounds (8% of body weight), in the 26 days he was on E-Block at SCI-Camp Hill. 93. Plaintiff did, on rare occassions, go to other parts of the prison, when he had enough time to get ready, even though he had significant pain, was very slow and had difficulty keeping up with the rest of the group of inmates. 94. Plaintiff was constantly hungry due to the withholding of food by Defendants. 95. Plaintiff discussed this problem with Defendant Chambers, E-Block Manager, who said that the policy of E-Block had to be followed in order to eat. 96. Plaintiff notified all Defendants of this issue by filing a grievance; and Plaintiff's grievance was denied by Defendant Taggart, as Grievance Officer; Defendant Murray as Superintendent of SCI-Camp Hill; and Defendant Varner as Chief Grievance Officer for Secretary Beard; all of whom were in a position 12 of authority and could have taken remedial action. 97. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that the constitutional rights of inmates are not violated when he is personally made aware of the violations through the grievance process. 98. Any reasonable person employed by the DOC in the Defendants' capacities, would know that withholding of food because an inmate was in pain and could not always comply with the policy noted in t 88, would be unconstitutional and constitute wanton disregard and deliberate indifference to the well being of the Plaintiff. 99. Withholding of food to the point of losing 8% of body weight in 26 days is by the standards of a civilized society, simply barbaric. 100. Plaintiff's pain and suffering from constant hunger, and precipitous loss of weight, were easily foreseable consequences of the withholding of food. 101. Plaintiff's weight loss is even more significant when considered in light of the fact that Plaintiff could not exercise and had minimal activity while he was at SCI-Camp Hill, due to his severe pain. 102. Medical authorities consider an unintentional weight loss of 5% or more over 6-12 month's to be significant and indicative of a serious condition. WHEREFORE, Plaintiff demands $500,000 compensation for pain and suffering, constant hunger, and denial of constitutional right to be free of cruel and unusual punishment; $1 million in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in court. ffY7NT FTVR VIOLATION OF PRIVACY AND THE FOURTH AMENDMENT OF THE U.S. CONSTITUTION AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRAY, KUZAR, AND UMHOLTZ 103. Paragraphs 1-27 are hereby incorporated herein. 104. Plaintiff had two visits by family members while housed at SCI-Camp Hill. 105. Plaintiff was strip searched in front of another inmate who was also being 13 strip searched for a visit, in front of inmates working in the vi siting room changing room, and in front of dozens of inmates who were either waiting to be searched, or who were returning from their visits. 106. There was no curtain, or other barrier to provide for privacy, used during the searches and no efforts were made by staff to conduct the searches in privacy. 107. Inmates returning from their visits, or waiting to be searched, were positioned in areas adjacent to the dressing room, with large mirrors placed so that staff could observe these inmates from the dressing room. 108. The large mirrors noted in ¶ 107, also allowed all the waiting inmi tes to view the naked inmates, including the Plaintiff, while they were being searched. 109. Plaintiff objected to being searched in plain view of the other inmates to Defendant Umholtz who responded that the search was conducted per the policy of SCI-Camp Hill. 110. Plaintiff suffered embarrassment and humiliation during the strip searches, and requested in his grievance of this issue that the security tape of the searches be preserved as proof of the search conditions. 111. Plaintiff informed the Defendants of this issue by filing a grievance; and Plaintiff's grievance was denied by Defendant Kuzar as Grievance Officer; Defendant Murray as Superintendent of SCI-Camp Hill; and Defendant Varner, as Chief Grievance Officer for Secretary Beard; all of whom were in positions of authority and could have taken -remedial action. 112. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that inmates' constitutional rights are not violated by staff members when he is personally notified of such violations through the grievance process. 113. Any reasonable person employed by the DOC in the Defendants' capacities, would know that conducting strip searches in view of other inmates is constitutionally unacceptable given the non-emergent nature of the searches. 114. Defendants recklessly disregarded the right of Plaintiff to privacy during the strip searches. 14 WHEREFORE, Plaintiff demands $50,000 compensation, for embarrassment, humiliation, ~ and the denial of his constitutional rights; $100,000 in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. COUNT SIX VIOLATION OF PRIVACY AND THE EIGHTH AMENDMENT OF THE U.S. CONSTITUTION, AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRA.Y AND CARBERRY 115. Paragraphs 1-27 are hereby incorporated herein. 116. Plaintiff has gynecomastia (abnormal enlargement of male breasts). 117. Plaintiff was required to wait, (in full view of staff, other inmates waiting to shower, inmate block workers, and any one else who walked onto the block), in line for showers with only a towel wrapped around the lower half of his body, which is the policy of E-Block Manager and Defendant Chambers. 118. Showers did not have any barrier to prevent other inmates, staff, block workers, and people walking onto block, from observing Plaintiff showering in the nude. 119. Other inmates would stare at Plaintiff and make comments about his gynecomastia while he was showering. 120. On a few occasions, female staff members came onto the block while Plaintiff was showering and they could see Plaintiff in the shower nude. 121. Plaintiff informed Defendants of this issue by filing a grievance that was denied by Defendant_ Carberry, as Grievance Officer; Defendant Murray, as Superintendent of SCI-Camp Hill; Defendant Varner, as Chief Grievance Officer for Secretary Beard, all of whom were in positions of authority and could have taken remedial action. 122. Any reasonable person employed by the DOC in the Defendants' capacities would know that forcing inmates to expose themselves in such a manner violated their right to privacy and civil rights. 123. Plaintiff suffered humiliation, embarrassment, and harrassment due to the shower policy of the Defendants. 15 124. Defendants were deliberately indifferent to the rights of Plaintiff to have privacy during showers and not be exposed to humiliation, embarrassment, and ridicule by other inmates; and their actions showed a reckless disregard for the rights of Plaintiff. 125. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation, and is ultimately responsible for ensuring that the constitutional rights of inmates are not violated by staff when such violations are personally made known to him via a grievance. W[EREFORE, Plaintiff demands $50,000 for compensation for his humiliation, embarrassment, harassment, and violation of his privacy and civil rights; $100,000 in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. mrnam cinn;w VIOLATION OF THE FIRST AND FOURTEENTH AMENDMENTS OF THE U.S. CONSTITUTION, THE DUE PROCESS CLAUSE OF THE U.S. CONSTITUTION, AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRAY, HORNER, ELLENBERGER, AND CHAMBERS 126. Paragraphs 1-125 are hereby incorporated herein. 127. Plaintiff was housed in-the general population of SCI-Albion prior to his transfer to SCI-Camp Hill for a hearing in federal court in Harrisburg. 128. Plaintiff was housed on E-Block at SCI-Camp Hill, which is a "control" block. 129. It is the policy of SCI-Camp Hill to house all inmates on this "control" block when they are transfered there for a court appearance. 130. Conditions of E-Block, where Plaintiff was housed, are substantially worse than the general population in the DOC's facilities and is in many regards identical to conditions of disciplinary housing in the DOC. 131. Plaintiff was locked down 23 hours per day on E-Block. 132. Plaintiff had to have all meals in his cell on E-Block. 133. Plaintiff was offered only one hour of recreation time per day on E-Block- 16 134. Plaintiff was only given access to the law library for 30 minutes in a three week period, after he informed staff members that he wished to prepare the emergency petition described in Count Three. 135. Plaintiff had phone calls and visits limited on E-Block. 136. Plaintiff was not allowed to purchase commissary items on E-Block. 137. Plaintiff, and other inmates attempting to access the courts, are automatically penalized by being placed on a "control" block when they are transferred to SCI-Camp Hill. 138. The policy of placing inmates accessing the court system on such an onerous and restrictive housing unit is automatic, systematic, institutional retaliation for inmates exercising their First Amendment Right of access to the courts. 139. Plaintiff discussed this issue with Defendants Chambers and Ellenberger, and they told him it was the policy of the DOC to place court appearance inmates on a "control" block. 140. Plaintiff brought this issue to the attention of Defendants by filing a grievance which was denied by Defendant Horner, as Grievance Officer; Defendant Murray as Superintendent of SCI-Camp Hill; and Defendant Varner as Chief Grievance Officer for Secretary Beard, all of whom were in a position of authority and could have taken remedial action. 141. Defendant Beard, as the Secretary of the DOC, is responsible for all policies of the DOC and their implimentation, and is ultimately responsible for ensuring that the constitutional rights of inmates are not violated by staff members when such violations are brought to his personal attention through a grievance. 142. Any reasonable person employed by the DOC in the Defendants' capacities would know that such built in retaliation on inmates wishing to access the courts was violative of the inmates' constitutional and civil rights. 143. Defendants acted with reckless disregard of the civil rights of Plaintiff. 17 WHEREFORE, Plaintiff demands $100,000 for violation of his civil rights and the Defendants' retaliation of the exercise of his constitutional rights; $1 million in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. 144. Plaintiff is still litigating, pro se, his case in federal court in Harrisburg. 145. Further hearings and a trial are inevitable in Harrisburg, since settlement negotiations in said case have proven unsuccessful. 146. Plaintiff will have to be housed at SCI-Camp Hill for these additional proceedings in federal court in Harrisburg;, trial is scheduled for August, 2012. 147. Plaintiff will again be subject to the same violations of his civil rights as specified in this Complaint. 148. Irreparable harm, pain and suffering will result unless this Court issues a temporary injunction against the Defendants prohibiting them from withholding Plaintiff's pain and depression medications and subjecting him to the other unconstitutional treatments specified in this Complaint. RELIEF REQUESTED: 1. MONETARY COMPENSATION IS DEM MED IN THE FOLLOWING AMOUNTS: A.Count One: i. Compensatory damages of $130,000 ii. Punitive damages of $1 million iii. All court, attorney and miscellaneous cost associated with litigation B.Count Two: i. Compensatory damages of $130,000 ii. Punitive damages of $1 million iii. All court, attorney, and miscellaneous costs associated with litigation C.Count Three: i. Compensatory damages of $500,000 ii. Punitive damages of $1 million iii. All court, attorney, and miscellaneous costs associated with litigation 18 D. Count Four: i. Compensatory damages of $500,000 ii. Punitive damages of $1 million iii. All court, attorney and miscellaneous costs associated with litigation E.Count Five: i. Compensatory damages of $50,000 ii. Punitive damages of $100,000 iii. All court, attorney, and miscellaneous costs associated with litigation F. Count Six: i. Compensatory damages of $50,000 ii. Punitive damages of $100,000 iii. All court, attorney, and miscellaneous costs associated with litigation G. Count Seven: i. Compensatory damages of $100,000 ii. Punitive damages of $1 million iii. All court, attorney, and miscellaneous costs associated with litigation 2. INJUNCTIVE RELIEF: Plaintiff requests that this Honorable Court issue a temporary restraining order directing the Defendants to provide him with his usual prescribed pain and depression medications, and barring them from subjecting him to the civil rights violations specified in this Complaint, whenever he is housed at SCI-Camp Hill. ARBITRATION STATEMENT The monetary amounts demanded in this Complaint exceeds the jurisdictional limits for mandatory arbitration. VERIFICATION The facts set forth in this Complaint are true and correct to the best of my information, knowledge, and belief. These statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities, and federal statutes against perjury. Respectfully submitted, /I 1 4 // 6 ?Z2 e" -? Ric and W. I1 es, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date: C? 19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Richard W. Illes, Sr., M.D. V. Jeffrey Beard, Ph.D., et al. No. - &;1rew" Civil Rights Action PETITION TO PROCEED IN FORMA PAUPERIS 1. I am the laintif Appellant/Petitioner in the above captioned action. 2. I am unable to pay the costs of litigating this action. 3. My financial condition is delineated in the attached "Affidavit of Financial Condition". 4. I therefore request that this Court grant me permission to proceed IFP, and waive the filing fees and Sheriff's fees for service in this action. VERIFICATION I-, Richard W. Illes, Sr., hereby certify that the above facts are true and correct to the best of my information, knowledge, and belief, and that I will inform the Court of any significant improvement in my financial condition. These statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, Richard W. Illes, Sr., M.D. nio FS-5769, F/B 10745 Rt. 18 v r? -_' Albion, PA 16475 r?- a_ Date Z_ _? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. V. Jeffrey Beard, Ph.D., et al. Civil Rights Action AFFIDAVIT OF FINANCIAL CONDITION R.chard W. Illes, Sr., M.D. states under the penalties provided by 18 Pa.C.S. § 4904 (unsworn falsification to authorities) that: 1. I am the plaintiff in the above action and because of my financial condition am unable to pay the following fees and costs: Filing fees Sheriff's fees for service 2. My responses to the questions below relating to my ability to pay the the fees and costs of prosecuting this action are true and correct. (a) I am presently employed by the Department of Corrections at SCI-Albion, 10745 Rt. 18, Albion, PA, 16475, for about $ 16-- per month. (b) I have not received within the past twelve months any income from a business, profession or other form of self-employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments or other source. I do occasionally receive gifts but they are unpredictable and unreliable and vary in amount. (c) I do not own any checking or savings accounts. (d) I do not own any real estate, stocks, bonds, notes, automobiles, or other valuable property. (e) No one is dependant on me. (f) My debts are as follows: Outstanding contractual debts, legal debts, and credit card debts of about $600,000 Cost of prosecution of about $63,000. Federal filing fees of $450-- Monthly toiletries, legal copying fees, legal phone calls, postage, and miscellaneous costs from $35.00 to $60.00 per month. (g) My inmate account currently has about $ ,O d in it. 3. I understand that a false statement or answer to any question in this verified statement will subject me to the penalties provided by law (misdemeanor of the second degree). Rich rd W. Illes, Sr., M.D. FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date r / 7_l/?_ r RICHARD W. ILLES, SR., M.D., Plaintiff V. JEFFREY BEARD, Ph.D., et al, Defendant IN RE: IN FORMA PAUPERIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2012 - 2337 CIVIL TERM ORDER OF COURT AND NOW, this 20TH day of APRIL, 2012, Plaintiff's Motion to Proceed In Forma Pauperis is GRANTED. By the Court;°?.. Edward E. Guido, J. RICHARD W. ILLES, SR., M.D. FS-5769, F/B 10745 Rt. 18Drawer C Albion, Pa. 16475 (KPH M 1a std 41 DO ... r te ? c M a r - ,' ? A? . -r b r y, N SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Qj, tilP Ut ti?i:rif+c ? ira r, J L! Richard W Stewart Solicitor Richard W. Illes, Sr. vs. Jeffery A. Beard (et al.) SHERIFF'S RETURN OF SERVICE CUM HR IAll D 00 U?'41T Y Case Number 2012-2337 04/27/2012 02:30 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 27, 2012 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Major John Horner, by making known unto Mike Bell, Legal Assistant for The Pennsylvania Department of Corrections at 2500 Lisburn Road, Mechanicsburg, CFs Berland County, Pennsylvania 17055 its contents and at the same time handing to him personall a aid true and correct copy of the same. e1AMLINE, DEPUTY 04/27/2012 02:48 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 27, 2012 at 1448 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John Murray, by making known unto Sandy Martin, Secretary for John Murray at 2500 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. LLIAM CLINE, DEPUTY 04/27/2012 02:30 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 27, 2012 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ian Taggart, Superitendent Complex, by making known unto Mike Bell, Legal Assistant for The Pennsylvania Department of Corrections at 2500 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. I L M CLINE, DEPUTY 04/27/2012 02:30 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 27, 2012 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Chris Chambers, by making known unto Mike Bell, Legal Assistant for The Pennsylvania Department of Corrections at 2500 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. LLIAM LIN , DEPUTY 04/27/2012 02:30 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 27, 2012 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lieutenant Mikizar, by making known unto Mike Bell, Legal Assistant for The Pennsylvania Department of Corrections at 2500 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the aid true and correct copy of the same. WILLIAM CLINE, DEPUTY 04/27/2012 02:30 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 27, 2012 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Corrections Officer Umholtz, by making known unto Mike Bell, Legal Assistant for The Pennsylvania Department of Corrections at 2500 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally said true and correct copy of the same. ILIA CLINE, DEPUTY 04/27/2012 02:30 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 27, 2012 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mr. Ellenberger, E-Block Counselor, by making known unto Mike Bell, Legal Assistant for The Pennsylvania Department of Corrections at 2500 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him pe onally the said true and correct copy of the same. LIAM CLINE, DEPUTY 04/30/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Randy Bare, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Randy Bare. The Pennsylvania Department of Corrections refused to accept service stating the Defendant is retired. 05/03/2012 09:39 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2012 at 0939 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dorina Varner, by making known unto Stacy Sentz, Administrative Officer for The Pennsylvania Department of Corrections at 1920 Technology Parkway, M chanics rg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing/ pally the said true and correct copy of the same. SFIAWN HAMSON, DEPUTY 05/03/2012 09:39 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2012 at 0939 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: R. Carberry, by making known unto Stacy Sentz, Administrative Officer for The Pennsylvania Department of Corrections at 1920 Technology Parkway, nicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing o e 7fsanally the said true and correct copy of the same. ??, N, DEPUTY 05/03/2012 09:39 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2012 at 0939 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeffery A. Beard, by making known unto Stacy Sentz, Administrative Officer for The Pennsylvania Department of Corrections at 1920 Technology Parkway, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. (Ci ccuntySUite Shen?f Te,e""so t. Ins. 9. ? Ll SHA N HAR ON, D UTY May 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ,? Goun'ySuite She;ri'f. (e'ecs;-;f( ioc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RICHARD W. ILLES, Sr. Civil Action No. 12-2337 Plaintiff Civil Action - Law V. rr ? ?- JEFFREY BEARD; Ph. D., t et al., Defendants PRAECIPE TO FILE NOTICE OF REMOVAL TO THE PROTHONOTARY: Please file the attached Notice of Removal of this action, which was filed with the United States District Court for the Middle District of Pennsylvania on this date. Respectfully submitted, Office of General Counsel Dated: May 22, 2012 By: aura J. N Assistant Counsel PA 81070 Pa. Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, Pennsylvania 17050 Tel: (717) 728-7763 Tel: (717) 728-0312 lneal@state.pa.us Counsel for Corrections Defendants -e a" Case 3:02-at-06000 Document 513 Filed 05/22/12 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RICHARD W. ILLES, Sr. Plaintiff V. JEFFREY BEARD, Ph. D., et al., Defendants Civil Action No. ELECTRONICALLY FILED NOTICE OF REMOVAL Defendants Beard, Varner, Taggart, Murray, Chambers, Horner, Carberry, Kuzar, Umholtz and Ellenberger (hereinafter, "Corrections Defendants"), by and through their attorney, respectfully petition this Court, pursuant to 28 U.S.C. § 1441(a), for removal of the instant matter from the Court of Common Pleas of Cumberland County to the United States District Court for the Middle District of Pennsylvania. The following is submitted in support hereof: 1. On or about April 13, 2012, Richard W. Illes, Sr. commenced an action in the Court of Common Pleas of Cumberland County at No. 12-2337. A copy of the Complaint is attached hereto as Exhibit 1. 2. The Complaint was served on Defendants Chambers, Horner, Taggart, Murray, Kuzar, Umholtz and Ellenberger on April 27, 2012. Defendants Varner, Carberry and Beard were served on May 3, 2012. ? - 1 Case 3:02-at-06000 Document 513 Filed 05/22/12 Page 2 of 4 3. Defendant Bare has not been served with a copy of the Complaint. 4. Illes, an inmate confined within the state correctional system, brings his action under 42 U.S.C. § 1983 alleging violations of his First, Fourth, Eighth and Fourteenth Amendment rights. Specifically, Illes alleges that during his confinement at the State Correctional Institution at Camp Hill (hereinafter, "SCI-Camp Hill") from August 5, 2010 through August 31, 2010 he was denied medications, meals, and adequate access to the law library. He also alleges that he was forced to expose certain parts of his anatomy in front of other inmates and staff during strip searches and while awaiting showers. 5. Illes filed a related civil action against various medical professionals at SCI-Camp Hill under 42 U.S.C. § 1983 for deliberate indifference based upon the same series of events alleged in the instant action. That action was removed to this Court and has been docketed as Illes v. Kcomt, No. 1:12-cv-00395 (M.D. Pa.). A copy of the Complaint in Illes v. Kcomt is attached as Exhibit 2. 6. This Court has jurisdiction over the federal claims pursuant to 28 U.S.C. § 1343, and such action is removable to this Court by virtue of 28 U.S.C. § 1441(a). 7. Notice of removal has been provided to Plaintiff and to the Prothonotary of the Court of Common Pleas Cumberland County. 2 Case 3:02-at-06000 Document 513 Filed 05/22/12 Page 3 of 4 WHEREFORE, the Corrections Defendants request that the aforementioned action be removed from the Court of Common Pleas of Cumberland County to this Court. Respectfully submitted, Office of General Counsel By: /s/ Laura J. Neal Laura J. Neal Assistant Counsel PA 81070 Pa. Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, Pennsylvania 17050 Tel: (717) 728-7763 Tel: (717) 728-0312 lneal@state.pa.us Counsel for Corrections Defendants Dated: May 22, 2012 3 rr , Case 3:02-at-06000 Document 513 Filed 05/22/12 Page 4 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RICHARD W. ILLES, Sr. Plaintiff Civil Action No. V. JEFFREY BEARD, Ph. D., ELECTRONICALLY FILED et al., Defendants - CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Notice of Removal upon the person(s) and in the manner indicated below. Served Via 1St-Class Mail Richard W. Illes, Sr., FS-5769 SCI-Albion 10745 Route 18 Albion, PA 16475-0001 David D. Buell, Prothonotary Cumberland County Courthouse 1 Courthouse Square Suite 100 Carlisle, PA 17013 s/ Renee J. Roberts Renee J. Roberts Legal Assistant Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Date: May 22, 2012 I ' t Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 1 of 21 EX 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Plaintiff V. ' Jeffrey Beard, Ph.D. - Individually and in - Official Capacity Department of Corrections & 2520 Lisburn Road - Dorina Varner Camp Hill, PA 17001 - Individually and in - official Capacity - Ian Taggart ' Individually and in Official Capacity - John Murray ' Individually and in - Official Capacity - Chris Chambers - Individually and in - Official Capacity - Randy Bare - Individually and in - official Capacity SCI-Camp Hill - & 2500 Lisburn Road - John Horner Camp Hill, PA 17011 Individually and in - official Capacity - R. Carberry - Individually and in - official Capacity - Lt. Mikizar Individually and in - Official Capacity - C.O. Umholtz Individually and in official.Capacity - & Mr. Ellenberger - Individually and in Official Capacity ' TlnfcnAanf R • r s -r; -1-- - - -< t co r;F = i . Civil Action-Law Civil Rights Action (42 U.S.C. §1983) N O V 0- W o ='c ?U. of LL L? o2,? _o v W 0 '?J ? E (0 aim ~c c ? Jury Trial Demanded t #I. I Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 2 of 21 EX 1 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 do 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 YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle , PA 17013 800-990-9108 P 1 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 3 of 21 EX 1 COMPLAINT BACKGROUND: 1. Plaintiff is Richard W. Illes, Sr., M.D., who is an inmate housed at SCI-Albion, FS-5769, F/B Block, 10745 Rt. 18, Albion, PA, 16475. 2. Defendant Jeffrey Beard, Ph.D., was the Secretary of the Department of Corrections (DOC), 2520 Lisburn Road, Camp Hill, PA, 17001, at all times relevant to this complaint, and acted under color of state. 3. Defendant John Murray, was the Superintendent of SCI-Camp Hill, Superintendent's Complex, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 4. Defendant Ian Taggart, was the SCI-Camp Hill Grievance Coordinator, Superintendent's Complex, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 5. Defendant Chris Chambers, was.the Manager of E-Block, SCI-Camp Hill, 2500 Lisburn, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 6. Defendant Randy Bare, was Medical Administrator, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 7. Defendant John Horner, was the Major for Unit Management, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 8. Defendant R. Carbarry, was Grievance Officer, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 9. Defendant Lt. Mikizar, was Grievance Officer, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. .i r Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 4 of 21 EX 1 10. Defendant Dorina Varner, was Chief Grievance Officer, PA Department of Corrections, 2520 Lisburn Road, Camp Hill, PA, 17001, at all times relevant to this complaint, and acted under color of state. 11. Defendant C.O. Umholtz, was Corrections Officer, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint, and acted under color of state. 12. Defendant Mr. Ellenberger, was Counselor for E-Block, SCI-Camp Hill, 2500 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this complaint and acted under color of state. 13. Plaintiff was transferred to and housed at SCI-Camp Hill from August 5, 2010 to August 31, 2010 to appear, pro se, at a hearing in the U.S. District Court for the Middle District of PA, in Harrisburg, PA. 14. Plaintiff's case in the Middle District Court involved unconstitutional conditions at the Lycoming County Prison, that violated his civil rights. 15. Plaintiff had a diagnosis, and long history, upon transfer to SCI-Camp Hill, of severe degenerative joint disease for over 20 years, that had required cervical spine fusion surgery at two levels, knee surgery, wrist surgery and multiple steroid injections in his shoulders; a diagnosis, and history of neuropathic pain (pain from damaged nerves); a diagnosis, and history of, low back pain that radiated into his legs (sciatica); a diagnosis, and history of, chronic pain syndrome in his back, neck and shoulders; and a diagnosis, and history of, severe depression and an almost successful suicide attempt. 16. Plaintiff's pain had been controlled with Celebrex (a special COX-2 anti- inflammatory medication), and Ultram (a special synthetic narcotic for neuropathic pain). 17. Plaintiff's depression had been controlled by Lexapro (a special anti- depressant), which had been increased in dosage 3 weeks prior to his transfer to SCI-Camp Hill. 2 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 5 of 21 EX 1 18. Celebrex, Ultram and Lexapro were all non-formulary medications that required Plaintiff's physicians to fill out a special approval form, stating that Plaintiff needed these special medications because all formulary alternative medications had proven to be ineffective and/or had dangerous side-effects when used by the Plaintiff, and all these medications were approved by the DOC Central Office at Camp Hill, PA. 19. Plaintiff had been informed by the psychiatrist at SCI-Albion that had been most familiar with his case, that he needed to continue the Lexapro for life. 20. Plaintiff's back pain and sciatica were ultimately found to be the result of a ruptured disc between the 5th lumbar and the 1st sacral vertebrae that was pressing on his spinal cord; spinal stenosis of the lumbar spine; foraminal stenosis of the spinal nerve openings at multiple levels; and severe degenerative joint disease of his spine, when an MRI was ordered by his usual treating physicians at SCI-Albion. 21. Plaintiff had a diagnosis, and history of, peptic ulcer disease (PUD), gastritis, and gastro-esophageal reflux disease (GERD), upon transfer to SCI-Camp Hill, all of which were made worse by all other formulary anti- inflammatory agents, and their use would have led to severe abdominal pain and could have resulted in life threatening complications such as bleeding or perforation of the gastrointestinal tract. 22. All other formulary anti-depressant medications were found to be ineffective in controlling Plaintiff's severe depression and/or resulted in dangerous side-effects such as increased depression, inability to urinate, hallucinations, headaches, dizziness, and disorientation. 23. Plaintiff's medical physicians at SCI-Albion had treated Plaintiff's medical problems for six years and were in the best position to know his medication needs. 3 f ? Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 6 of 21 EX 1 24. Plaintiff's psychiatrists at SCI-Albion had treated his psychiatric problems for six years and were in the best position to know his medication needs. 25. All the physicians and physician's assistants at SCI-Camp Hill and. SCI-Albion are employed by the same group, Prison Health Services (PHS) and the DOC. 26. The medical departments at SCI-Camp Hill and SCI-Albion get their medications from the same vendor: Diamond Pharmacy Services, 645 Kolter Drive, Indiana, PA, 15701. 27. The standards of medical care and psychiatric care at SCI-Albion and SCI- Camp Hill, both in Pennsylvania, are by common sense, the same. COUNT ONE DELIBERATE INDIFFERENCE TO SERIOUS MEDICAL CONDITIONS AND THE INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH A MJDMENT OF THE U.S. CONSTITUTION AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, BARES MURRAY AND VARNER 28. Paragraphs 1-27 are hereby incorporated herein. 29. On August 6, 2010, Plaintiff was seen by PA McGinnis in Control at SCI-Camp Hill, who discontinued Plaintiff's pain medications Celebrex and Ultram, that he had been taking for years to control his pain. 30. Plaintiff informed PA McGinnis of this multiple painful conditions, specified in 4's 15 and 20, and the reason why these particular medications had to be used as indicated in f1s 16, 18, and 21. 31. PA McGinnis did not do any physical examination of Plaintiff, did not review his extensive medical records, and did not consult with his usual treating physicians prior to taking the drastic step of stopping all his pain medications, and did not order any other pain medication, or procedures to control Plaintiff's significant pain. 32. Dr. Underwood supervised PA McGinnis and co-signed her orders to stop Plaintiff's pain medications (Celebrex and Ultram). 4 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 7 of 21 EX 1 33. Dr. Underwood never interviewed, examined, or reviewed the medica.1 records of the Plaintiff, prior to approving PA McGinnins' orders to stop Plaintiff's Celebrex and Ultram. 34. Any reasonable health care provider would know that abruptly stopping the pain medications in a person with Plaintiff's medical conditions, would lead to significant pain and suffering. 35. Plaintiff had constant and severe pain in his back, neck, legs and shoulders from the denial of his Celebrex and Ultram pain medications. 36. Plaintiff was not able to participate in any recreational activities because of his pain and suffering. 37. Plaintiff was not able to get dressed, have his bed made, and shoes on and tied, (which was E-Block policy), in time to receive many meals because of his pain, and was therefore denied many meals resulting in a weight loss of about 14 pounds (8% of his body weight), in the 26 days he was at SCI-Camp Hill. 38. Plaintiff was not able to achieve restful sleep due to his pain and suffering. 39. Plaintiff experienced a significant increase in his depression due to his pain and suffering and constant hunger. 40. Plaintiff wrote to Dr. Beaven, the Medical Director of SCI-Camp Hill, to inform him of his severe pain from lack of his pain medications on August 11, 2010 and was told to put in sick call slips, which he did; and he wrote to him again on August 20, 2010 informing him of the ongoing pain and asking him to intervene to control his pain, but got no response. 41. Plaintiff placed multiple sick call requests for pain medications, either his usual pain medications or some other narcotic, steroid injections, or to see a physician were denied by PA Newfield on August 11, and 19, 2010. 42. Dr. Beaven indicated in his response to the request in if 40, of August 11, 2010, that "We are not allowed Ultram here", apparantly referencing a policy of SCI-Camp Hill, but did not offer any other narcotic or procedure to control Plaintiff's pain. 5 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 8 of 21 EX 1 43. No other pain medications that could be effective, or procedures that could effectively control Plaintiff's pain were ever ordered while he was at SCI-Camp Hill. 44. Offering medications that have proven to be ineffective, or dangerous, when used by the Plaintiff, instead of providing known safe and effective medications, shows deliberate indifference to the health care needs of the Plaintiff. 45. Dr. Beaven, as the Medical Director of SCI-Camp Hill, is responsible for the supervision of all PA's and physicians in his department and for designing and implimenting policies for his department. 46. When staff members McGinnis, Newfield, Underwood and Beaven discontinued and/or allowed the discontinuation of Plaintiff's pain medications without doing a physical examination of Plaintiff, without reviewing his medical records, and without contacting his regular treating physicians, they acted with reckless disregard and deliberate indifference to the health care needs of the Plaintiff. 47. When staff members McGinnis, Newfield, Underwood, and Beaven failed to avail themselves of other requested medications and procedures that would control Plaintiff's pain safely and effectively, they acted with reckless disregard and deliberate indifference to the health care needs of the Plaintiff. 48. PA's McGinnis and Newfield, and Drs. Underwood and Beaven had a duty and obligation to Plaintiff as their patient to provide adequate pain medication and/or effective procedures to control his chronic pain and their negligence and violations of Plaintiff's civil rights are being addressed in a separate state tort action for medical malpractice. 49. Plaintiff's grievance regarding this issue informed the Defendants of the negligence and deliberate indifference to the Plaintiff's serious medical conditions. 50. Plaintiff's grievance regarding this issue was denied by Defendant Bare, 6 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 9 of 21 EX 1 as Grievance Officer; Defendant Murray as Superintendent; and De pendant Varner as Cheif Grievance Officer for the Secretary of the DOC; each of whom was in a position of authority and could have taken remedial action to stop the pain and suffering of Plaintiff. 51. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that inmates' constitutional rights are not violated by staff members when he is personally made aware of them by the grievance procedure. 52. Any reasonable person employed in the Defendants' capacities in the DOC, would know that stopping all pain medications in someone with the multiple chronically painful conditions that Plaintiff had, would lead to much unneccessary pain and suffering and was deliberate indifference, and reckless disregard, to the medical needs of the Plaintiff. 53. Any reasonable person employed in the Defendants' capacities in the DOC, would know that allowing staff members to deliberately interfer with treatment prescribed by physicians familiar with Plaintiff's medical conditions, would constitute reckless disregard and deliberate indifference to the medical needs of the Plaintiff. 54. All Defendants acted with wanton disregard for the well being, safety, and health care needs of the Plaintiff, by displaying deliberate indifference to his pain and suffering that resulted from their policies and lack of remedial action. 55. Upon his return to SCI-Albion, Plaintiff's usual treating physicians immediately restarted his Ultram and Celebrex, resulting in normalization of his pain. WHEREFORE, the Plaintiff demands $130,000 compensation for his pain and suffering, hunger, sleeplessness, weight loss and lack of recreation; $1 million in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. 7 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 10 of 21 EX 1 COUNT TWO DELIBERATE INDIFFERENCE TO A SERIOUS MEDICAL CONDITION AND THE INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AMENDMENT OF THE U.S. CONSTITUTION AND 42 U.S.C. §1983 BY DEFENDANT BEARD, BARE, VARNER? AND MURRAY 56. Paragraphs 1-27 are hereby incorporated herein. 57. Upon arrival at SCI-Camp Hill, Plaintiff was denied his anti-depressant medication Lexapro by SCI-Camp Hill staff, despite the fact that SCI-Albion sent a supply of the medication to SCI-Camp Hill with the Plaintiff. 58. Dr. Kcomt stopped Plaintiff's Lexapro, without examining him, reviewing his psychiatric records, or consulting with his regular treating psychiatrist. 59. Plaintiff informed Dr. Kcomt of his history of suicide attempt, severe refractory depression, and the multiple adverse effects and/or ineffectiveness of all other formulary anti-depressant agents, as indicated in 4 22, but was told by Dr. Kcomt that "we do not use Lexapro here", apparantly referring to a policy of SCI-Camp Hill. 60. Plaintiff reiterated to Dr. Kcomt, his inability to take any other anti- depressant medications due to their adverse effect which included the worsening of his depression, inability to urinate, hallucinations, headaches, disorientation and dizziness, but Dr. Kcomt refused to let Plaintiff have the Lexapro supplied by SCI-Albion. 61. Plaintiff suffered increased depression, anxiety, headaches, lethargy, insomnia, increased degenerative joint disease pain, and increased neuropathic pain when Lexapro was discontinued abruptly. 62. The abrupt discontinuation of Lexapro is not recommended by the Physician's Desk Reference, 63rd Edition, 2009, due to the recognized and widely known adverse effects experienced by Plaintiff as indicated in 4 61. 63. Severe depression is a debilitating disease that affects the physical and emotional well being of a person. 64. Plaintiff made multiple :requests for his Lexapro, but was denied by 8 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 11 of 21 EX 1 SCI-Camp Hill staff. 65. Dr. Kcomt had a duty and obligation to Plaintiff as his patient to provide appropriate psychiatric evaluation and treatment, and any reasonable psychiatrist working for the DOC should have known that denying Plaintiff necessary anti-depressant medication was deliberate indifference and reckless disregard for the Plaintiff's serious medical condition. 66. Dr. Kcomt's discontinuation of, and refusal to give, Lexapro as prescribed for Plaintiff without examining him, reviewing his psychiatric records, or consulting with his regular psychiatrist, is reckless disregard and deliberate indifference to the health care needs and well being of Plaintiff, and medical negligence; all of which are being pursued in a separate state tort for medical malpractice and civil rights violations. 67. Plaintiff's grievance regarding this issue informed the Defendants of the negligence and deliberate indifference to the Plaintiff's serious medical condition. 68. Plaintiff's grievance regarding this issue was denied by Defendant Bare, as Grievance officer; Defendant Murray as Superintendent of SCI-Camp Hill; and Defendant Varner as Chief Grievance officer for the Secretary of the DOC; each of whom was in a position of authority and could have taken remedial action to stop the pain and suffering of the Plaintiff. 69. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that inmates' constitutional rights are not violated by staff members when he is personally made aware of them by the grievance process. 70. Any reasonable person employed in the Defendants' capacities in the DOC, would know that stopping the only anti-depressant that Plaintiff could take, would lead to increased depression and risk of death from suicide and their inaction constitutes a wanton infliction of unnecessary pain and suffering and deliberate indifference to his serious medical condition. 9 } Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 12 of 21 EX 1 71. Upon his return to SCI-Albion, his usual treating psychiatrist immediately restarted his Lexapro, resulting in normalization of his depression. WHEREFORE, the Plaintiff demands $130,000 compensation for pain and suffering, unnecessary risk of suicide, and mental anguish; $1 million in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. rInTIM" rmwrF VIOLATION OF THE FIRST AMENDMENT OF THE U.S. CONSTITUTION, ARTICLE 1, §7 OF THE PENNSYLVANIA CONSTITUTION, AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRAY AND CHAMBERS 72. Paragraphs 1-71 are hereby incorporated herein. 73. On August 13, 2010 after it was clear that Plaintiff was being denied his needed medications, Plaintiff informed the E-Block Manager, Defendant Chambers, that he would like access to the law library to prepare an emergency injunction against the medical staff and the DOC to provide his prescribed medications. 74. The following weekend, Plaintiff was allowed to go to the law library for only 30 minutes, while dozens of other inmates were using the same limited facilities of the law library. 75. Plaintiff requested more access to the law library by asking the law library staff for more time, but was told that it is the policy of SCI-Camp Hill to only allow E-Block inmates access to the law library once a week, for the 30 minutes that Plaintiff got. 76. The following weekend Plaintiff was not allowed to go to the law library at all, because he was told by the officer on his block that the library list was full by the time the list reached his cell, and that the number of inmates allowed to go was limited by policy of SCI-Camp Hill. 77. No other time was given to the Plaintiff to access the law library while he was housed at SCI-Camp Hill, and thus Plaintiff was never able to prepare an injunction to obtain his needed medications. 10 i Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 13 of 21 EX 1 78. By, denying the Plaintiff adequate law library time, the Plaintiff was unable to file an emergency petition for an injunction against the Defendants to provide his needed medications. 79. Plaintiff therefore suffered tremendously as indicated in Counts One and Two. 80. Plaintiff's grievance regarding this issue informed the Defendants of the denial of Plaintiff's right to access the courts; and Plaintiff's grievance was denied by Defendant Chambers, as Grievance Officer; Defendant Murray as superintendent of SCI-Camp Hill; and Defendant Varner as Chief Grievance Officer for Secretary Beard; all of whom were in positions of authority that could have taken remedial. action to protect Plaintiff's right to access the courts in a meaningful fashion. 81. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that inmates' constitutional rights are not violated by staff members when he is personally made aware of them by the grievance process. 82. Defendants insured that Plaintiff would not be able to file a petition with the court for emergency injunctive relief by denying him access to the law library, access which was necessary since the Plaintiff was proceeding pro se, was not an attorney, and needed to research and copy materials to prepare his emergency petition. 83. Any reasonable person employed by the DOC in the capacity of the Defendants, would know that denying Plaintiff meaningful access to the law library violated his rights under the PA and U.S. Constitutions to access the courts to redress his issues. 84. Plaintiff did not have funds to hire an attorney to pursue this issue in court. WHEREFORE, Plaintiff demands $500,000 compensation for denial of his constitutional and civil rights and the pain and suffering that ensued; $1 million in punitive damages; and all court, attorney and miscellaneous expenses related to litigating this issue in court. 11 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 14 of 21 EX 1 COUNT FOUR INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AMENDMENT OF THE U.S. CONSTITUTION AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRAY, TAGGART AND CHAMBERS 85. Paragraphs 1-71 are hereby incorporated herein. 86. Plaintiff had severe constant pain as indicated in Counts One and Two. 87. Plaintiff's pain and stiffness were most pronounced during early morning hours. 88. Due to pain and stiffness, Plaintiff was not always able to comply with E-Block policy that required inmates to be fully dressed, have their beds made, have shoes on and tied, and be standing at their cell doors in order to receive meals during meal times. 89. Often the Plaintiff's pain was so severe that it would take an hour to accomplish the.tasks noted in 5 88. 90. E-Block staff would only give inmates a warning of about 10 minutes that meals were about to be served. 91. Plaintiff was denied at least one, and often two, meals each day due to his inability to comply with rules in 1 88, due to his pain and stiffness. 92. Plaintiff lost about 14 pounds (8% of body weight), in the 26 days he was on E-Block at SCI-Camp Hill. 93. Plaintiff did, on rare occassions, go to other parts of the prison, when he had enough time to get ready, even though he had significant pain, was very slow and had difficulty keeping up with the rest of the group of inmates. 94. Plaintiff was constantly hungry due to the withholding of food by Defendants. 95. Plaintiff discussed this problem with Defendant Chambers, E-Block Manager, who said that the policy of E-Block had to be followed in order to eat. 96. Plaintiff notified all Defendants of this issue by filing a grievance; and Plaintiff's grievance was denied by Defendant Taggart, as Grievance Officer; Defendant Murray as Superintendent of SCI-Camp Hill; and Defendant Varner as Chief Grievance Officer for Secretary Beard; all of whom were in a position 12 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 15 of 21 EX 1 of authority and could have taken remedial action. 97. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that the constitutional rights of inmates are not violated when he is personally made aware of the violations through the grievance process. 98. Any reasonable person employed by the DOC in the Defendants' capacities, would know that withholding of food because an inmate was in pain and could not always comply with the policy noted in 5 88, would be unconstitutional and constitute wanton disregard and deliberate indifference to the well being of the Plaintiff. 99. Withholding of food to the point of losing 8% of body weight in 26 days is by the standards of a civilized society, simply barbaric. 100. Plaintiff's pain and suffering from constant hunger, and precipitous loss of weight, were easily foreseable consequences of the withholding of food. 101. Plaintiff's weight loss is even more significant when considered in light of the fact that Plaintiff could not exercise and had minimal activity while he was at SCI-Camp Hill, due to his severe pain. 102. Medical authorities consider an unintentional weight loss of 5% or more over 6-12 months to be significant and indicative of a serious condition. WHEREFORE, Plaintiff demands $500,000 compensation for pain and suffering, constant hunger/ and denial of constitutional right to be free of cruel and unusual punishment; $1 million in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in court. rwinrn FT1rw VIOLATION OF PRIVACY AND THE FOURTH AMENDMENT OF THE U.S. CONSTITUTION AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRAY, KUZAR, AND UMHOLTZ 103. Paragraphs 1-27 are hereby incorporated herein. 104. Plaintiff had two visits by family members while housed at SCI-Camp Hill. 105. Plaintiff was strip searched in front of another inmate who was also being 13 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 16 of 21 EX 1 strip searched for a visit, in front of inmates working in the visiting room changing room, and in front of dozens of inmates who were either waiting to be searched, or who were returning from their visits. 106. The=re was no curtain, or other barrier to provide for privacy, used during the searches and no efforts were made by staff to conduct the searches in privacy. 107. Inmates returning from their visits, or waiting to be searched, were positioned in areas adjacent to the dressing room, with large mirrors placed so that staff could observe these inmates from the dressing room. 108. The large mirrors noted in 1 107, also allowed all the waiting inmates to view the naked inmates, including the Plaintiff, while they were being searched. 109. Plaintiff objected to being searched in plain view of the other inmates to Defendant Umholtz who responded that the search was conducted per the policy of SCI-Camp Hill. 110. Plaintiff suffered embarrassment and humiliation during the strip searches, and requested in his grievance of this issue that the security tape of the searches be preserved as proof of the search conditions. 111. Plaintiff informed the Defendants of this issue by filing a grievance; and Plaintiff's grievance was denied by Defendant Kuzar as Grievance Officer; Defendant Murray as Superintendent of SCI-Camp Hill; and Defendant Varner, as Chief Grievance Officer for Secretary Beard; all of whom were in positions of authority and could have taken remedial action. 112. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation and is ultimately responsible for ensuring that inmates' constitutional rights are not violated by staff members when he is personally notified of such violations through the grievance process. 113. Any reasonable person employed by the DOC in the Defendants' capacities, would know that conducting strip searches in view of other inmates is constitutionally unacceptable given the non-emergent nature of the searches. 114. Defendants recklessly disregarded the right of Plaintiff to privacy during the strip searches. 14 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 17 of 21 EX 1 WHEREFORE, Plaintiff demands $50,000 compensation, for embarrassment, humiliation, and the denial of his constitutional rights; $100,000 in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. COUNT SIX VIOLATION OF PRIVACY AND THE EIGHTH AMENDMENT OF THE U.S. CONSTITUTION, AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRAY AND CARBERRY 115. Paragraphs 1-27 are hereby incorporated herein. 116. Plaintiff has gynecomastia (abnormal enlargement of male breasts). 117. Plaintiff was required to wait, (in full view of staff, other inmates waiting to shower, inmate block workers, and any one else who walked onto the block), in line for showers with only a towel wrapped around the lower half of his body, which is the policy of E-Block Manager and Defendant Chambers. 118. Showers did not have any barrier to prevent other inmates, staff, block workers, and people walking onto block, from observing Plaintiff showering in the nude. 119. Other inmates would stare at Plaintiff and make comments about his gynecomastia while he was showering. 120. On a few occasions, female staff members came onto the block while Plaintiff was showering and they could see Plaintiff in the shower nude. 121. Plaintiff informed Defendants of this issue by filing a grievance that was denied by Defendant Carberry, as Grievance Officer; Defendant Murray, as Superintendent of SCI-Camp Hill; Defendant Varner, as Chief Grievance Officer for Secretary Beard, all of whom were in positions of authority and could have taken remedial action. 122. Any reasonable person employed by the DOC in the Defendants' capacities would know that forcing inmates to expose themselves in such a manner violated their right to privacy and civil rights. 123. Plaintiff suffered humiliation, embarrassment, and harrassment due to the shower policy of the Defendants. 15 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 18 of 21 EX 1 124. Defendants were deliberately indifferent to the rights of Plaintiff to have privacy during showers and not be exposed to humiliation, embarrassment, and ridicule by other inmates; and their actions showed a reckless disregard for the rights of Plaintiff. 125. Defendant Beard, as Secretary of the DOC, is responsible for all policies of the DOC and their implimentation, and is ultimately responsible for ensuring that the constitutional rights of inmates are not violated by staff when such violations are personally made known to him via a grievance. WHEREFORE, Plaintiff demands $50,000 for compensation for his humiliation, embarrassment, harassment, and violation of his privacy and civil rights; $100,000 in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. ry)m7p CFVIM. VIOLATION OF THE FIRST AND FOURTEENTH AMENDMENTS OF THE U.S. CONSTITUTION, THE DUE PROCESS CLAUSE OF THE U.S. CONSTITUTION, AND 42 U.S.C. §1983 BY DEFENDANTS BEARD, VARNER, MURRAY, HORNER, ELLENBERGER, AND CHAMBERS 126. Paragraphs 1-125 are hereby incorporated herein. 127. Plaintiff was housed in:the general population of SCI-Albion prior to his transfer to SCI-Camp Hill for a hearing in federal court in Harrisburg. 128. Plaintiff was housed on E-Block at SCI-Camp Hill, which is a "control" block. 129. It is the policy of SCI-Camp Hill to house all inmates on this "control" block when they are transfered there for a court appearance. 130. Conditions of E-Block, where Plaintiff was housed, are substantially worse than the general population in the DOC's facilities and is in many regards identical to conditions of disciplinary housing in the DOC. 131. Plaintiff was locked down 23 hours per day on E-Block. 132. Plaintiff had to have all meals in his cell on E-Block. 133. Plaintiff was offered only one hour of recreation time per day on E-Block. 16 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 19 of 21 EX 1 134. Plaintiff was only given access to the law library for 30 minutes in a three week period, after he informed staff members that he wished to prepare the emergency petition described in Count Three. 135. Plaintiff had phone calls and visits limited on E-Block. 136. Plaintiff was not allowed to purchase commissary items on E-Block. 137. Plaintiff, and other inmates attempting to access the courts, are automatically penalized by being placed on a "control" block when they are transferred to SCI-Camp Hill. 133. The policy of placing inmates accessing the court system on such an onerous and restrictive housing unit is automatic, systematic, institutional retaliation for inmates exercising their First Amendment Right of access to the courts. 139. Plaintiff discussed this issue with Defendants Chambers and Ellenberger, and they told him it was the policy of the DOC to place court appearance inmates on a "control" block. 140. Plaintiff brought this issue to the attention of Defendants by filing a grievance which was denied by Defendant Horner, as Grievance Officer; Defendant Murray as Superintendent of SCI-Camp Hill; and Defendant Varner as Chief Grievance Officer for Secretary Beard, all of whom were in a position of authority and could have taken remedial action. 141. Defendant Beard, as the Secretary of the DOC, is responsible for all policies of the DOC and their implimentation, and is ultimately responsible for ensuring that the constitutional rights of inmates are not violated by staff members when such violations are brought to his personal attention through a grievance. 142. Any reasonable person employed by the DOC in the Defendants' capacities would know that such built in retaliation on inmates wishing to access the courts was violative of the inmates' constitutional and civil rights. 143. Defendants acted with reckless disregard of the civil rights of Plaintiff. 17 Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 20 of 21 EX 1 WHEREFORE, Plaintiff demands $100,000 for violation of his civil rights and the Defendants' retaliation of the exercise of his constitutional rights; $1 million in punitive damages; and all court, attorney, and miscellaneous expenses related to litigating this issue in the courts. 144. Plaintiff is still litigating, pro se, his case in federal court in Harrisburg. 145. Further hearings and a trial are inevitable in Harrisburg, since settlement negotiations in said case have proven unsuccessful. 146. Plaintiff will have to be housed at SCI-Camp Hill for these additional proceedings in federal court in Harrisburg;, trial is scheduled for August, 2012. 147. Plaintiff will again be subject to the same violations of his civil rights as specified in this Complaint. 148. Irreparable harm, pain and suffering will result unless this Court issues a temporary injunction against the Defendants prohibiting. them from withholding Plaintiff's pain and depression medications and subjecting him to the other unconstitutional treatments specified in this Complaint. RELIEF REQUESTED: 1. MONETARY COMPENSATION IS DEMANDED IN THE FOLLOWING AMOUNTS: A.Count One: i. Compensatory damages of $130,000 ii. Punitive damages of $1 million iii. All court, attorney and miscellaneous cost associated with litigation B.Count Two: i. Compensatory damages of $130,000 ii. Punitive damages of $1 million iii. All court, attorney, and miscellaneous costs associated with litigation C.Count Three: i. Compensatory damages of $500,000 ii. Punitive damages of $1 million iii. All court, attorney, and miscellaneous costs associated with litigation i 1R Case 3:02-at-06000 Document 513-1 Filed 05/22/12 Page 21 of 21 EX 1 D. Count Four: i. Compensatory damages of $500,000 ii. Punitive damages of $1 million iii. All court, attorney and miscellaneous costs associated with litigation E. Count Five: i. Compensatory damages of $50,000 ii. Punitive damages of $100,000 iii. All court, attorney, and miscellaneous costs associated with litigation F. Count Six: i. Compensatory damages of $50,000 ii. Punitive damages of $100,000 iii. All court, attorney, and miscellaneous costs associated with litigation G. Count Seven: i. Compensatory damages of $100,000 ii. Punitive damages of $1 million iii. All court, attorney, and miscellaneous costs associated with litigation 2. INJUNCTIVE RELIEF: Plaintiff requests that this Honorable Court issue a temporary restraining order directing the Defendants to provide him with his usual prescribed pain and depression medications, and barring them from subjecting him to the civil rights violations specified in this Complaint, whenever he is housed at SCI-Camp Hill. ARBITRATION STATEMENT The monetary amounts demanded in this Complaint exceeds the jurisdictional limits for mandatory arbitration. VERIFICATION The facts set forth in this Complaint are true and correct to the best of my information, knowledge, and belief. These statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities, and federal statutes against perjury. Respectfully submitted, Ric-'chard-W. Illes, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date: 1-/ 19 Case 3:02-at-06000 Document 513-2 Filed 05/22/12 Page 1 of 27 EX 2 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, sr., M.D. No. Id- 0078 iViITC1'm Plaintiff V. D*. Barry Beaven, et. al. Civil Action-Medical Liability Defendants Action PETITION TO PROCEED IN FORMA PAUPERIS Rilha rd W. Illes, Sr., M•D.states under the penalties provided by 18 Fa.C.S. $ 4904 (unsworn falsification to authorities) that: 1. I am the plaintiff in the above action and because of my financial eon4ition am unable to pay the following fee nd costs: . Filing fees Sheriff's fees for service ?tefu : 2. My responses to the questions below relating to my ability to pay the theyfees and costs of prosecuting this action are true and correct. (a) I am presently employed by the Department of Corrections at SCI-Albion, 10745 Rt. 18, Albion,. PA, 16475, for about $16.00per month. (b) I have not received within the past twelve months any income from a btisiness, profession or other form of self-employment, or in the form of lent payments, interest, dividends, pensions, annuities, social security ben4fits, support payments or other source. I do occasionally receive gifds but they are unpredictable and unreliable and vary in amount. C3 co I(c) I do not own any checking or savings accounts. ?C co i (d) I do not own any real estate, stocks, bonds, notes, automobi ro ?r*z or tither valuable property. cat.. ? Q o <Z; ? '(e) No one is dependant on me. Zp _ oQc? m ;(f) My debts are as follows: Outstanding contractual debts, legai5ebts, -+ and credit card debts of about $100,000. Cost of prosecution of abot!M34)0• Con i ract obligations of $5001000. Monthly toiletries, legal copying fee legal phone calls, postage, and miscellaneous costs from $35.00 to $60 00 per month. (g) My inmate account currently has about 3 a in it. I understand that a false statement or answer to any question in this verified statement will subject me to the penalties provided by law (mi4demeanor of the second degree). Date: caast ffiA???AVV?OcJdm®nb ? -3 Fi16 O1121 T 6f X27 -- AFFIDAVIT OF WAGES OF RICHARD W. ILLES, SR., M.D. I hereby attest that the following information regarding my wages are true and correct to the best of my information, knowledge a;nd belief, and that the accompanying Petition to Proceed In Forma Plauperis is true and accurate. 1. I am employed by the Department of Corrections.at SCI-Albion, 10745 Rt. 18, Albion, PA, 16475 for about $16.00/month. Z. I have not received any income from any business, profession, other form of self-employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments, or other sources in the last 12 months. 3i. I do not own any checking or savings accounts, real estate, stocks, bonds, notes, automobiles, or other valuable property. 4. My inmate account currently has about $16.00 in it. This affidavit is made under the penalties of 18 Pa.C.S. § 4904 related to unsworn falsification to authorities. Subscribed to on the 5th day of January, 2012, at SCI-Albion, Albion, PA. By: R2ch rd W. Illes, Sr., M.D. Pro Se Plaintiff January 5, 2012 MNMMN acOunt 3---3 FilE 011212P 4727 -11 FILED--OFFICE OF THE FROIHONOTARY 2012 JAN-9 AM 11: 13 CUtPERLANO COUNTY IN TH8 COORT OF C01 W PLBdS, COMBS Co=n, NX IS FUMIA Richard W. Illes, Sr., X.D. /a ' IO I?IVt/ /?ry? F¢-5769, F/5-48 10745 Rt. 18 A.1bion, PA 16475 Plaintiff V. Di. Barry Beaven - Medical Director SCI-Camp Hill 2-500 Lisburn Road - C?mp Hill, PA 17011 Dr. Christian Lcant Sol-Coop Hill Civil Action-Medical Profdssiooal 2500 Lisburn Road Liability Action Ca=p Hill, PA 17011 Cblleen Newfield, PAC - StI-Ca¦p Hill 2500 Lisburn Road Camp Hill, PA 17011 - Sheila McGinnis, PAC SCI-Camp Hill 2500 Lisburn Road Caop Hill, PA 17011 Dr . David :underwood SCI-Camp Hill - 2500 Lisburn Road Camp Hill, PA 17011 Jury Trial Demanded Defendants Cast' MMWVWc 1-2Fd5dEW=21 ZZa@eA elf 0727- CO PLAINr URV: 1. Plaintiff Richard W. Illes, Sr., M.D., is an inmate at SCI-Albion, FS-5769, F/B9 10745 Rt. 18, Albion, PA, 16475. 2. Defendant Dr. Barry Beaven was a Prison Health System (PHS) physician, and Medical Director of SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this case. 3. Defendant Dr. David Underwood was a PHS physician on the staff of SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this case. 4. Defendant Dr. Christian Kcomt was a PHS physician on the staff of SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this case. 5, Defendant Colleen Newfield, PAC, was a physician's assistant on staff at SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this case. 6. Defendant Sheila McGinnis, PAC, was a physician's assistant on staff at SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all time relevant to this case. 7. Plaintiff was transferred to, and housed at, SCI-Camp Hill, from August 5, 2010 to August 31, 2010, to appear, pro se, at a hearing in the U.S. District Court for the Middle District of Pennsylvania in Harrisburg, PA. 8. Plaintiff had a diagnoaia and long history of severe degenerative joint disease for over 20 years, that required a cervical spine fusion surgery at two levels, knee surgery, wrist surgery, and multiple steroid injections of his shoulders, upon transfer to SCI-Camp Hill; and had been diagnosed with chronic pain syndrome, neuropathic pain (pain from damaged nerves), and chronic radiculopathy (pain from nerve root damage), upon his transfer to SCI-Camp Hill, that had been effectively treated with Celebrex (a special COX-2 anti-inflam- matory agent) and Ultram (a narcotic agent effective in neuropathic pain syndrome), because all other Department of Corrections (DOC) medications had proven to be ineffective at controlling his pain, or had dangerous side effects. C&est dWMDOVVWc 3 -3 Fi NWOM 11121 2:1 $X7'27 9. Plaintiff had a diagnosis and long history, upon transfer to 2 SCI-Camp Hill, of severe refractory depression, and an almost successful suicide attempt, that was being controlled by Lexapro, (a special non-formulary anti-depressant agent), because all other anti-depressants available in the DOC had been found to be ineffective, and/or, produced dangerous side-effects in the Plaintiff that precluded their use. L'0. Plaintiff had been informed by Dr. Peter Longstreet, a psychiatrist at SCI- Albion, most familiar with his case, that he should take Lexapro for life. 11. Plaintiff was diagnosed in the months prior to his transfer to SCI-Camp Hill, with lower back pain and sciatica that was ultimately shown by MRI to be caused by a ruptured disc between the fifth lumbar disc and the first sacral disc that was impinging on his spinal cord, spinal stenosis of the lumbar spinal canal, and foraminal stenosis at multiple levels of his lumbar spine. 12. SCI-Albion and SCI-Camp Hill are both supplied their medications by the same vendor: Diamond Pharmacy Services, 645 Kolter Drive, Indiana, PA, 15701. 13. Ultram, Celebrex, and Lexapro are all non-formulary, special order medications that required the Plaintiff's treating physicians at SCI-Albion to fill out special approval forms that stated that these special medications were absolutely necessary for Plaintiff, and that all other formulary medications could not be used because of their ineffectiveness and/or serious side-effects. 14. Plaintiff had a history of peptic ulcer disease, gastritis, and gastro-esophageal reflux disease that was exacerbated by all other formulary anti-inflammatory medications, and their use could lead to significant pain and the risk of life-threatening gastro-intestinal bleeding if used. 15. Plaintiff's psychiatrist a SCI-Albion had increased his dose of Lexapro just weeks before his transfer to SCI-Camp Hill because of worsening depression. COUNT ONE FAILDRE To PROPERLY EyALIIATE, DIACWSE ADD TREAT SEVSBE, CHRONIC PAIR BY DE MODANTS BRAVED, UMMVOOD, DEQMM ADD MCGIDDIS 16. Paragraphs 1-15 are hereby incorporated herein. -- was g?NV?ctldmamntr> ?-3FIIF9de09SM212P ffW727 3 17. On August 6, 2010 Plaintiff was seen in control at SCI-Camp Hill by PA McGinnis, who discontinued the Ultram and Celebrex that Plaintiff had been on for years for his multiple painful conditions. 18. Plaintiff informed PA McGinnis of the multiple painful medical conditions specified in 4's 8, 11, and 14 that required the use of these medications. 19. PA McGinnis did not perform any physical examination of the Plaintiff, did not review his extensive medical records, and did not consult with Plaintiff's regular treating physicians prior to discontinuing the Ultram and Celebrex. 20. PA McGinnis did not order any substitute pain medication for Plaintiff. 21. Dr. Underwood supervised PA McGinnis and co-signed her orders to discontinue Plaintiff's Ultam and Celebrex. 22. Dr. Underwood never interviewed or examined Plaintiff, never reviewed Plaintiff's extensive medical records, or consulted with Plaintiff's regular treating physicians before approving PA McGinnis' orders. 23. Plaintiff had markedly increased severe pain in his back, neck, leg and shoulders due to the discontinuation of his pain medications. 24. Plaintiff was not able to participate in recreation because of his pain. 25. Plaintiff was not able to get dressed and have his bed made in time, (as required by block rules), for many meals because of his pain, and was therefore denied many meals resulting in a weight loss of about 14 pounds (8% of body weight) during his 26 days at SCI-Camp Hill. 26. Plaintiff was unable to achieve restful sleep due to his constant and severe pain. 27. Plaintiff experienced a severe increase in his depression due to being in constant severe pain. 28. Plaintiff had a recurrance of his gastritis/PUD due to increased stress of constant pain. 29. Plaintiff placed multiple sick call requests for his pain medications and C&.ostVA&?HZDUVbMbc 2 -3.F lidef l21-2P o-f &727 4 was informed by PA Newfield on August 12, 2010 and August 19, 2010 that his Ultram and Celebrex would not be ordered. 30. Plaintiff's request for some other narcotic pain medication, steroid injections, or to see a physician were denied by PA Newfield on August 12th and 19th, 2010. 31. Plaintiff informed Dr. Beaven, the Medical Director of SCI-Camp Hill, in writing of his severe pain and requested, again, that the Ultram and Celebrex that he had been prescribed be ordered August 11, 2010, and he advised Plaintiff to place sick call slips which resulted in the visits noted above in 4's 29, and 30. 32. Dr. Beaven, as Medical Director, is responsible for the supervision of all PA's and physicians in his department and for designing and implimenting treatment policies for his department. 33. On August 30, 2010, Plaintiff was to be seen again by PA McGinnis for sick call, but was on the toilet at the time and PA McGinnis refused to see Plaintiff on that date because he was not at his cell door when she came to see him. 34. Defendants had a duty and obligation to Plaintiff as their patient to provide appropriate medical evaluation and care. 35. When Defendants failed to do a physical examination on Plaintiff, prior to initiating medical care, they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 36. Wh-Zra-- Defendants failed to review the medical records of Plaintiff prior to initiating care, they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 37. When Defendants failed to consult with Plaintiff's regular treating physicians prior to initiating care, they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 38. When Defendants stopped the pain medication of Plaintiff without providing safe, effective alternative medications that would effectively control his -- C&A3Sk-B99& mWMc 2 -3 FIIEdefd6WV111212P(ff 2727 5 severe pain they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 39. When Defendants refused other potentially effective medications and procedures to control Plaintiff's severe pain, they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 40. The actions of the Defendants are the proximate cause of the Plaintiff's severe pain and suffering, increased depression, recurrance of gastritis/PUD, severe hunger and weight loss, and mental anguish. 41. When Plaintiff returned to SCI-Albion, his usual treating physicians, who are members of the same PHS and DOC, immediately placed him back on Ultram and Celebrex. 42. Defendants acted with wanton and reckless disregard for the best interests of their patient, the Plaintiff. 43. Defendants intentionally interferred with treatment prescribed by physicians that were most familiar with the Plaintiff's medical problems without adequate evaluation and the resulting consequences, as indicated in V's 23-28, were easily foreseable given the Plaintiff's medical problems. 44. Defendants McGinnis, Newfield, Underwood and Beaven are licensed professionals with offices in Cumberland County, Pennsylvania, and Plaintiff is asserting a professional liability claim against them. wHEREF M , Plaintiff demands $100,000 from each Defendant in compensation for the severe pain and suffering, increased depression, recurrance of gastritis/PUD, severe hunger and weight loss, and mental anguish that he experienced due to their negligence. Plaintiff further demands $200,000 from each Defendant because of gross negligence, the infliction of wanton and unnecessary pain and suffering, and reckless and deliberate indifference to the health care needs of the Plaintiff. C&wstVA& LVWcLMu mh- 3-3 FHEdef 0UI9)_ & W'27--- 6 COUNT TWO FAILURE To ADEQUATELY EVALUATE, DIAMM, AND TREAT SEVERE DEP'RESSICK.. BY DEFENDANT KC014T 45. Paragraphs 1-15 are hereby incorporated herein. 46. Defendant discontinued Plaintiff's anti-depressant medication, Lexapro, which is the only anti-depressant medication that proved effective in Plaintiff and did not have serious side-effects that precluded its use. 47. Defendant did not examine, or interview, Plaintiff prior to his Lexapro being discontinued. 48. Defendant did not review extensive psychiatric records of Plaintiff, or consult with his regular treating psychiatrist, prior to stopping his Lexapro. 49. Plaintiff informed Defendant Kcomt of his history of suicide attempt, severe refractory depression, and multiple adverse effects of all other formulary anti-depressant medications which included inability to urinate, hallucinations, disorientation, headaches, dizziness, and increased depression. 50. Plaintiff suffered increased depression, anxiety, headaches, lethargy, insomnia, increased degenerative joint disease and neuropathic pain when Lexapro was discontinued. 51. Abrupt discontinuation of Lexapro is not recommended by the Physician's Desk Reference, 63rd Edition, 2009, due to the recognized adverse effects experienced by Plaintiff as noted in 4 50- 52. Severe depression is a debilitating disease that effects the physical and emotional well-being of a person. 53. Plaintiff made multiple requests for Lexapro, but Dr. Kcomt refused to order it. 54. Dr. Kcomt had a duty and obligation to Plaintiff as his patient to provide appropriate psychiatric evaluation and treatment. 55. When Defendant Kcomt stopped Plaintiff's Lexapro without examining him, reviewing his extensive psychiatric records, or consulting with his regular C 8pA&aoMDW=cO=*§2&2-3Fil[-dMMM212' 1d-2727- - 7 treating psychiatrist, he deviated from common sense, and the standard of care and was grossly negligent and reckless. 56. Dr. Kcomt's actions were the proximate cause of the Plaintiff's problems listed in q 50. 57. Dr. Kcomt's actions placed Plaintiff at great risk of death from depression induced suicide. 58. Plaintiff's pain and suffering, and risk of suicide, are easily foreseable consequences of the discontinuation of his Lexapro, and Dr. Kcomt's actions show a reckless disregard of the risk of substantial harm to the Plaintiff. 59. Dr. Kcomt's actions show a deliberate, reckless and wanton disregard for the well-being of his patient, the Plaintiff. 60. Dr. Kcomt deliberately interferred with the treatment prescribed by a psychiatrist who was most familiar with his psychiatric problems, when he stopped his Lexapro. 61. When Plaintiff returned to SCI-Albion, he was immediately placed back on Lexapro, by his usual treating psychiatrist who is a member of the same PHS and DOC, as Defendant Kcomt. 62. Defendant Kcomt is a licensed professional with offices in Cumberland County, Pennsylvania, and Plaintiff is asserting a professional liability claim against him. WHEREFORE, Plaintiff demands $100,000 from Dr. Kcomt as compensation for his pain and suffering, mental anquish, increased depression, and risk of death from suicide. Plaintiff further demands $200,000 from Dr. Kcomt in punitive damages for gross negligence, wanton and reckless unnecessary infliction of pain and suffering and deliberate indifference to the health care needs of the Plaintiff. CaBst -3 RFWEMWN213P?rrk?l1rlf ?7_z___.- 8 vIoL nam of cow-mE TFIALIn BY DEMIDANTS KC OW, MELD AMID WAVER 63. Paragraphs 1-62 are hereby incorporated herein. 64. Defendant Kcomt came to the cell door of Plaintiff to discuss his history of suicide attempt, depression and the need for anti-depressants. 65. Defendant Newfield came to cell door of Plaintiff to discuss his medical history, and problems, of arthritis, sciatica, neck pain, back pain and his need to have narcotics to control his pain. 66. Plaintiff had a cell mate, and inmates in adjoining cells, who could hear the privileged conversation between Plaintiff and Defendants Kccmt and Newfield. 67. Plaintiff requested privacy to discuss his medical and psychiatric problems, but was told by Defendants Kcomt and Newfield that he must discuss his problems at the cell door, or he would not receive any medical care. 68. Inmates who do not follow the orders of staff are subject to disciplinary action, therefore Defendants forced Plaintiff to discuss his medical problems at the cell door. 69. Plaintiff's cell mate and inmates in surrounding cells heard the entire privileged converstations between Plaintiff and Defendants Kcomt and Newfield. 70. Plaintiff was subjected to ridicule, embarrassment and humiliation by other inmates who overheard the privileged conversations between Plaintiff and Defendants Kcomt and Newfield. 71. Defendants Kcomt and Newfield deliberately violated federal and state statutes regarding confidentiality of medical and psychiatric information and privacy and violated ethical codes of their professions by doing so. 72. Dr. Beaven, as Medical Director, is responsible for implimenting department policies and supervision of all staff members in his department. 73. Defendants Kcomt, Beaven and Newfield are licensed professionals with offices in Cumberland County, Pennsylvania and Plaintiff is asserting a professional liability claim against them. C &A& N4Z6ctld *52&3-3 FilMeta84.22N212P M2727 9 WFISREF012E, Plaintiff demands $100,000 from each Defendant for violations of medical and psychiatric confidentiality and privacy and the resulting ridicule, embarrassment and humiliation suffered by Plaintiff. Plaintiff further demands $100,000 in punitive damages for these violations of confidentiality and privity. D$LIBERATE INDIMMENCE TO SERIOUS MEDICAL CONDITIONS AND THE INFLICTION OF CRUEL AND UNUSUAL PUNIC IN VIOLATION OF THE EIGM AL P OF TM UNITED STATES CONSTITUTION AND 42 U.S.C. §1983 BY DN"21DANTS MCGIIMS, NENF ffi,D, RCOMT, UNDERWOOD, AND BEAVEN 74. Paragraphs 1-73 are hereby incorporated herein. 75. Defendants acted under the color of state at all times relevant to this action for the purpose of this Count. 76. All Defendants deliberately interfered with treatments prescribed by physicians most familiar with Plaintiff's medical and psychiatric conditions. 77. Defendants knew, or had an obligation to know, that their actions were in violation of the Eighth Amendment and §1983. 78. Defendants acted with wanton disregard for the well being and health care needs of the Plaintiff and the pain and suffering that resulted from their actions were clearly foreseable. 79. Defendants acted with deliberate indifference to the pain and suffering of the Plaintiff. 80. Plaintiff exhausted his administrative remedies regarding this issue as required by the Prison Litigation Reduction Act. WHEREFORE, Plaintiff demands $130,000 compensation for pain and suffering and $1 million in punitive damages. 81. Plaintiff is still litigating, pro se, his case in federal court in Harrisburg, Pennsylvania. 82. Further hearings and a trial are inevitable in federal court since , -_- __ Caost OM*0&3=3 FiJbdeMMM213>9& 2727 - 10 negotiations for a settlement between Plaintiff and the defendants in that case have proven unsuccessful. 83. Plaintiff will need to be housed at SCI-Camp Hill for these additional proceedings in federal court in Harrisburg, Pennsylvania. 84. Plaintiff will again be subjected to the same negligent medical care and violations of his Eighth Amendment and §1983 rights upon return to SCI- Camp Hill. 85. Irreparable harm, pain and suffering will result unless this Court issues a temporary injunction against Defendants prohibiting them from withholding his prescribed pain and anti-depressant medications. WER;RE,(=, Plaintiff requests that this Honorable Court enter an order restraining Defendants from not giving Plaintiff his prescribed medications whenever he is housed at SCI-Camp Hill. RELIEF' REQUESTED 1. Monetary compensation is demanded in the following amounts: A. Count One: i. Compensatory damages of $100,000 for pain and sufferings mental anguish, hunger, increased depression, weight loss, and the recurrance of gastritis/PUD, from each Defendant. ii. Punitive damages of $200,000 from each Defendant for gross negligence, the infliction of wanton and unnecessary pain and suffering, and reckless and deliberate indifference to the health care needs of the Plaintiff. iii. This amount exceeds the jurisdictional amount for mandatory arbitration. B. Count Two_ i. Compensatory damages of $1001000 for pain and suffering, mental anguish, increased depression, and risk of death from suicide from Kcomt. ii. Punitive damages of $200,000 for gross negligence, wanton and unnecessary infliction of pain and suffering and deliberate indifference to the Plaintiff's health care needs by Kcomt. C&Sest dlgMMMcLl =OIM3=3FilF9defdBVlM212D4ldW27 _ - - - • ? 11 iii. This amount exceeds the jurisdictional amount for mandatory arbitration. C. Count Three: i. Compensatory damages of $100,000 from each Defendant for violations of medical and psychiatric confidentiality and privacy and the resulting ridicule, embarrassment and humiliation suffered by the Plaintiff. ii. Punitive damages of $100,000. iii. This amount exceeds the jurisdiction amount for mandatory arbitration. D. Count Four: i. Compensatory damages of $130,000 for pain and suffering from the Defendants. ii. Punitive damages of $1 million from Defendants. iii. This amount exceeds the juridiction amount for mandatory arbitration. E. Costs and Fees: Plaintiff requests all court costs, attorney fees and expenses related to the prosecution of this case in court. 2. Injunctive Relief: Plaintiff requests an order restraining Defendants from not providing him with his prescribed medications when he is housed at SCI-Camp Hill for court proceedings. VERIFICATION The facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, R chard lles, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion, PA 16415 Date: caastvg& I RICHARD W. ILLES, SR., M.D. Plaintiff V. DR. BARRY BEAVEN, ET AL, Defendant IN RE: IN FORMA PADPERIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -- 0078 CIVIL ORDER.OF COURT AND NOW, this 18TH day of JANUARY, 2012, based on the attached petition to proceed IN FORMA PAUPERIS, the request is GRANTED and RICHARD W. ILLES, SR., may proceed without payment of the costs. = By t t ? , a m = rn r*ti ? r z, r .CG 'S7 O-*1 Edward E. Guido, J. y ^ J l ? RICHARD W. ILLES, SR. FS-5769, F/B 10745 RT. 18 ALBION, PA 16475 :s1d Crp•,es AaaJ'al 1//f//d- ?L L SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor U4?ptp at 4uauGrrl,?hk OFFICE OF r14E f,1,E.P.IFF Richard W. Illes, Sr. Case Number vs. 2012-78 Barry Beaven, M.D. (et al.) SHERIFF'S RETURN OF SERVICE 02/02/2012 11:00 AM - William Cline, corporal, who being duly sworn according to law, states that on February 2, 2012 at 1100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sheila McGinnis, PAC, by making known unto Natalie Sykes, Program Manager for SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of t me. WI IAM CLINE, DEPUTY 02/02/2012 11:00 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 2, 2012 at 1100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Colleen Newfield, PAC, by making known unto Natalie Sykes, Program Manager for SCI Camp Hill, 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. LIAM CLINE, DEPUTY 02/02/2012 10:45 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 2, 2012 at 1045 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christian Kcomt, MD, by making known unto Mike Bell, Supervisor Assistant for SCI Camp Hill, 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 cop/ofthn same. WILLIAM CLINE, DEPUTY 02/03/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: David Underwood, MD, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant David Underwood, MD. The Pennsylvania Department of Corrections has advised, David Underwood, MD no longer works for The Department of Corrections. 02/03/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Barry Beaven, MD, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Barry Beaven, MD. The Pennsylvania Department of Corrections has advised, Barry Beaven, MD no longer works for The Department of Corrections. tc7 CountySule Sherd) relruswl Int. Caest 8f - AM7 5ker (ost = '? C1 .UQ SO ANSWERS, February 03, 2012 RON R ANDERSON, SHERIFF (ej CeuolySw1e Bh-f( . Tei.)IIA. ax c ' C.? eana .Ali ?iSC1L71nAXi2n? Glwnmiril '? Fi1FiOH1212PC1?'Z7 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 Attorneys for: Defendant, Dr. Christian Kcomt N W __q M N RICHARD W. ILLES, SR., M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. DR. BARRY BEAVEN and CIVIL ACTION DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD NO. 12-0078 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearances on behalf of defendant, Dr. Christian Kcomt, with regard to the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEM GOGGIN By FREDERIC ROLLER JONATHAN W. BRADBARD Attorneys for Defendant, Dr. Christian Kcomt DATE: February 10.2010 C 8'zA@f MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By; Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 RICHARD W. ILLES, SR., M.D. Attorneys for: Defendant, Dr. Christian Kcomt I" C COURT OF COMMON PLEAS CUMBERLAND COUNTY V. DR. BARRY BEAVEN and DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD CIVIL ACTION NO. 12-0078 NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM TO: Richard W. Illes, Sr., M.D., FS-5769, F/B 48 10745 Rt. 18 Albion, PA 16476 Pro Se Pursuant to the Pennsylvania Rule of Civil Procedure 1042.7, we intend to enter a judgment of Non Pros against you after thirty (30) days of the date of the filing of this Notice, if a Certificate of Merit is not filed as required by Rule 1042.3 We are serving this notice on behalf of Defendant, Dr. Christian Kcomt. The Judgment of Non Pros will be entered as to Counts Two and Three of the Complaint. MARSHALL, DENN HEY, WARNER, COLEMA GOGGIN By FREDERIC ROLLER JONATHAN W. BRADBARD Attorneys for Defendant, Dr. Christian Kcomt DATE: February 10 201 0 Caesar 8 A MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 Attorneys for: Defendant, Dr. Christian Kcomt RICHARD W. ILLES, SR., M.D. V. COURT OF COMMON PLEAS CUMBERLAND COUNTY DR. BARRY BEAVEN and CIVIL ACTION DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD NO. 12-0078 CERTIFICATE OF SERVICE I hereby certify that I served upon all persons on the date listed below a true and correct copy of the Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim of Defendant, Dr. Christian Kcomt, in the above-captioned matter: Richard W. Illes, Sr., M.D. FS-5769, FB 48 10745 Rt. 18 Albion, PA 16476 Pro Se By JONATHAN W. B BARD DATE: February 10, 2012 Caest g&ggqfflupgVMcLawab 2 -3 FilEde(d MM21 P 12af W27 C") C: N Q C-- -OZ Z Zrn a? rn w rn-- -4r` -<> ?a IN To COURT OF COMM PLUS p=NSYLVANIA --r CUMBERLAND COUNTY r X , .K- Richard V. Illes, Sr., K.D. No. 12-0078 Plaintiff V. Dr. Barry Beaven, et. al. Civil Law-Medical Malpractice Defendants - MOTION TO EXTEND TIME TO FILE CERTIFICATE OF MERIT NOW, comes the Plaintiff, Richard W. Illes, Sr., M.D., pro se Plaintiff in the above captioned action, to request an extension to file the Certificate of Merit for Defendants Beaven and Underwood pursuant to Pa.R.C.P. 1042.3(d): 1. The Sheriff has not been able to serve Defendants Dr. Barry Beaven and Dr. David Underwood and has filed a no service return. 2. Drs. Beaven and Underwood no longer work for the Department of Corrections, where they were employed when the alleged facts of the action occurred, and they did not provide a new address for service. 3. The Plaintiff is currently making a diligent search for the Defendants' current addresses in order to serve them with the Complaint. Wherefore, the Plaintiff requests an extension of 60 days to file the Certificate of Merit with regard to Drs. Underwood and Beaven. VERIFICATION I, Richard W. Illes, Sr., M.D., do hereby certify that the facts asserted in the above motion are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of la Pa.C.S. §4904. *ca d W.Illes, Sr., M.D. FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date: / /?. caest dKffiRK W=cLBum 2-3 FilEdeQ5=212P2727 - Illes V. Beaven, et. al. CERTIFICATE OF SERVICE I, Richard W. Illes, Sr., M.D., do hereby certify that I have on this date served a true and correct copy of the foregoing document, or documents, on the Defendants by mailing a copy to their attorney via U.S. First Class Mail, postage pre-paid, at: Frederick Roller, Esq. 1845 Walnut St. Philadelphia, PA 19103 For Dr,s Kcomt Colleen Newfield, PAC SCI-Camp Hill 2500 Lisburn Rd. Camp Hill, PA 17011 Attorney not designated Sheila McGinnis, PAC SCI-Camp Hill 2500 Lisburn Rd. Camp Hill, PA 17011 Attorney not designated Ric ardrW. Illes, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date: , -Z// T Ceres IN THE COURT OF COMM PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. 12-0078 Plaintiff V. Dr. Barry Beaven, et. al. Civil Lair-Medical Malpractice Defendants PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the attached copies of the Complaint in the above captioned action pursuant to Pa.R.C.P. Rule 401, for Defendants Beaven and Underwood, neither of whom could be served by the Sheriff within 30 days of the filing of the original Complaint. Ay: C= N C °- ` -' i n fs'ico rn t +t ? t7D Z ? N ?fT C ? C - Richard W. Illes, Sr., M.D. rx <C -0 zT C-r Pro Se Plaintiff T? n 3 ? n FS-5769, F/B =CO N CD 10745 Rl:. 18 Dx D ` Albion, PA 16475 ? ` Date: C IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. 12-0078 Plaintiff - V. Dr, Barry Beaven, et. al. - Defendants Civil Action-Medical Malpractice Certificate of Merit as to Dr. Christian Rcomt ; (Name of Defendant) -s o ? I, Richard W. Illes, Sr. , M. D. , certify that: -n r - r ., Z rn W y' r (Attorney or Party) -I z= ? an appropriate licensed professional has supplied a -11 ? rte. z -'° written statement to the undersigned that there is a q° basis to conclude that the care, skill or knowledge h i z o r-, o C' z T., e treat- n t exercised or exhibited by this defendant ment, practice or work that is the subject of the ; .. complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ® expert testimony of an appropriate licensed profes- sional is unnecessary for prosecution of the claim against this defendant. 1 ? Date: i / Z . , I 'AX'6,4? At orney or arty) • v C IN M COURT OF COMHOI!1 PLM.L CUMB1?LAND COUNTY, PLNNSYLVANIA Richard W. Illes, Sr., H.D. Plaintiff No. 12-0078 v. Dr. Barry Beaven, et. al. Defendants Civil Action-nedical Malpractice Certificate of Merit as to Colleen Newf ield, PAC (Name of Defendant) -03 N. ?. Bic and W Illes? Sr. r M.D_ Certify that: I, Zm m rni? zPO Cc -0M (Attorney or Party) ? C J an a r riate licensed professional has supplied a ? <? z c written sta ment to the undersigned that there is a zro. basis to conclude that the care, skill or knowledge ?? ev M ed or exhibited by this defendant in the treat- i J s exerc went, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; ANDIOR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice ork that is the subject of the complaint, fell outside or w acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ® expert testimony of an appropriate licensed profes- sional is unnecessary for prosecution of the claim against this defendant. ?,? Date: ?' y (Att rney or Party) 4P ? IN THE COURT OF (X>?N PLEAS, --TEW BLAND ((x)DNT7t PEPNSYLVANIA Richard W. Illes, Sr., M-D• Plaintiff V. Dr. Barry Besven, et. al. Defendants No. 12--0078 Civil Action-Medical Malpractice Sheila, McGinnis. PAC certificate of Merit as to (Name of Defendant) I, ?; shard W I?1es, Sr M.D. certify that: (Attorney or Party) an appropriate licensed professional edh that sthere upplied is a written statement to the undersign basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treat- ment, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; ANUOR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ® expert testimony of an appropriate licensed profes- sional is unnecessary for prosecution of the claim against this defendant. Date: ? 2' #Ao_rne, 0 r Party) C-) c o c' ... z _s xrn Cc .?r _J o? C- G n? ) ern 91 1 M caest E& 16 1 -,1 IA- QOI8 Civz1 Ieix Illes V. Beaven, et. al. CERTIFICATE OF SERVICE n N =rIM m = _ ?F -- Z= <> am Qb r'z =- n > -? I, Richard W. Illes, Sr., M.D., do hereby certify that I have on this date served a true and correct copy of the foregoing document, or documents, on the Defendants by mailing a copy to their attorney via U.S. First Class Mail, postage pre-paid, at: Frederick Roller, Esq. 1845 Walnut St. Philadelphia, PA 15103 Attorney for Dr. Kcomt Richa d W. Illes, Sr., M.D. Pro Se Plaintiff F5-5769, F/B 10745 Rt. 18 Albion, PA 16475 /7- Date: Colleen Newfield, PAC SCI-Camp Hill 2500 Lisburn Rd. Camp Hill, PA 17011 Attorney not designated Sheila McGinnis, PAC SCI-Camp Hill 2500 Lisburn Rd. Camp Hill, PA 17011 Attorney not designated N.B.-Attorney and address for Defendants F.eaven and Underwood not currently known. 0 . \. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RICHARD W. ILLES, Sr. Plaintiff V. JEFFREY BEARD, Ph. D., et al., Defendants : Civil Action No. 12-2337 Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Praecipe to File Notice of Removal upon the person(s) and in the manner indicated below. Served Via 1 S`-Class Mail Richard W. Illes, Sr., FS-5769 SCI-Albion 10745 Route 18 Albion, PA 16475-0001 Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Date: May 22, 2012 Renee J. R erts Legal Assistant