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Home My WebLink About01-5039 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintifi; V. ANTHONY MOORE, Defendant NO ~ ORDER AND W, this ~ day of ~["~. 2001, upon review of PlaintifPs Application for Ex Parte Preliminary Injunction and based upon the affidavit of the attesting physician, it appears that immediate relief is necessary in order to preserve the life of the Defendant pending the adjudication of this matter. Therefore, it is hereby ordered that: 1. Pending the adjudication of this matter, Plaintiff or Plaintifl's designee, may involuntarily examine and perform invasive diagnostic tests on Anthony Moore and may administer that medical treatment which may, in the opinion of medical stall; be necessary to preserve Anthony Moore's health and life, including, but not limited to, nutrition and hydration. 2. In accordance with PA.R.C.p. 1531, a hearing in this matter will be held in this courtonthe ~f~dayof~,2001 at ~'~.,,~O AM/ ~* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION : AT CAMP HILL, : Plaintifl} : V. ANTHONY MOORE, : Defendant : o. __ _ Civil Action Equity herein. MOTION FOR PRELIMINARY INJUNCTION Plaintiff's Complaint in this matter is incorporated by reference as if fully set forth 2. Defendant will suffer immediate, severe and irreparable harm possibly resulting in death if ongoing, involuntary medical treatment is not provided, including, but not limited to, nutrition and hydration. 3. Based upon the facts set forth in the Complaint and in Plaintiff's concurrently filed Application for ex parte Preliminary Injunction, Plaintiff has a clear right to administer ongoing involuntary medical treatment. Commonwealth of Pennsylvania, Department of ?ublic WelJbre, Farview State Hospital v. Joseph Kallinger, 134 Pa. Cmwlth. 415, 580 A.2d 887 (1990). WHEREFORE, Plaintiff requests this Court to enter a preliminary injunction permitting Plaintiff or Plaintiff's designee to involuntary examine and perform invasive diagnostic tests on Anthony Moore and to administer that medical treatment which may, in the opinion of medical staff, be necessary to preserve Anthony Moore's health, safety and life, including, but not limited to the administration of insulin, nutrition and hydration. Respectfully submitted, Assistant Counsel Attorney I.D. No. 81070 PA Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS, : STATE CORRECTIONAL INSTITUTION AT CAMP HILL, : Plaintiff, : ANTHONY MOORE, : Defendant : : No -,I- S'olq · ~-"' Civil Action Equity PROOF OF SERVICE I hereby certify that a true and correct copy of the Motion for Preliminary Injunction was served on the person and in the manner indicated below: Personal service SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17001-8837 Anthony Moore, EQ~3030 SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA~3.~ Tere'sa IVY. Health Care Administrator State Correctional Institution at Camp Hill Dated:~~:/~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintif~ No. ~_ C/vil A~.ti,~a Equity ANTHONY MOORE, Defendant : NOTICE TO DEFEND You have been sued in conn. I£you wish to defend against the c/aims 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 personal/y or by attorney and fihng in writing with the Court your defenses or objections to the c/aims set forth against you. You are warned that i£you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice £or any money claimed in the Complaint or for any other c/aim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213-A North Front Street Harrisburg, PA 17105 (? 17) 232-05S 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, ANTHONY MOORE, No. ~ Civil Action Equity Defendant ~COMPLAINT AND NOW, comes the Plaintiff, Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, by and through its undersigned counsel and avers the following in support of this Complaint: 1. This action is brought in the Court's original jurisdiction. 2. Plaintiff' is the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill. 3. Plaintiff is an executive agency of the Commonwealth of Pennsylvania responsible for administering the state correctional system, including the State Correctional Institution at Camp Hill (hereinafter, "SCI-Camp Hill"). 4. Defendant Anthony Moore is a 36 year-old inmate who is presently incarcerated at SCI~Camp Hill. Mr. Moore suffers from diabetes and requires insulin injections twice a day to regulate his blood sugar. Since August 27, 2001, Mr. Moore has refused all but one of his required insulin injections. Since August 21, 2001, Mr. Moore has also refused to consume adequate nutrition and hydration. Mr. Moore is also refusing to permit regular blood tests to monitor his blood sugar level. As a result of his refusal of insulin and adequate nutrition, Mr. Moore's blood sugar level has risen to 363 and is unregulated. A normal blood sugar level ranges from 80to I10. 10. The above-mentioned behavior places this inmate at a great risk for his health. Specifically, if left untreated, dehydration, neurological damage or death could occur within twenty-four (24) hours. 11. It is the opinion of Dr. William Young, that Moore is in imminent danger of the loss of life or other irreparable harm unless medical treatment, including the administration of insulin, nutrition and hydration, is administered immediately. (See Affidavit of Dr. Young, attached hereto as Exhibit A and made a part hereof). 12. It is impossible to predict the exact point at which Mr. Moore's condition may result in immediate, severe and irreparable harm; therefore, immediate intervention is necessary. 13. Permitting Mr. Moore to engage in a suicidal act by his refusing his medication will cause a Significant disruption to the orderly administration of the State Correctional Institution at Camp Hill. The effects of his death would demoralize the staff and instill the belief in the inmate population that the prison administration caused and permitted Mr. Moore's death. This will lead to animosity toward the staff and undermine confidence in prison authority. Without the medical treatment described above, the inmate, Anthony Moore is at great risk for his health, specifically and including, but not limited to, the administration of insulin, nutrition and hydration. WHEREFORE, based on the foregoing, the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, request this Court to enter an Order: (a) authorizing the Plaintiff, through medical staff, to perform such diagnostic tests, including invasive diagnostic tests, and to involuntarily administer medical treatment, including the administration of insulin, nutrition and hydration, as may be necessary to preserve the safety, health and life of Mr. Moore; and (b) providing such other relief as this Court deems proper. PA Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: ~ Respectfully submitted, jLaur~ J.N.~;ilirl'~ Assistant Counsel Attorney I.D. No. 81070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintif~ ANTHONY MOORE, Defendant No. Civil Action Equity yERIFICATION I, Teresa M. Law, am the duly appointed Health Care Administrator at the State Correctional Institution at Camp Hill and am authorized to make this verification. I have reviewed the attached Complaint with respect to the involuntary treatment of Anthony Moore. I hereby verify that the allegations contained in the attached Complaint are true and correct to the best of my knowledge, information and belie£ I make this verification subject to the penalties under 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: TereSa M. Law ~ / - Health Care Administrator State Correctional Institution at Camp Hill A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, ANTHONY MOORE, Defendant No. 0/-,50.%~Civil Action Equity UNSWORN AFFIDAVIT I, William Young, M.D., state the following: 1. I am a medical doctor licensed to practice medicine in the Commonwealth of Pennsylvania. I am currently the medical director at the State Correctional Institution at Camp Hill. 2. I am familiar with Anthony Moore, who is an inmate at the State Correctional Institution at Camp Hill. 3. Mr. Moore suffers from diabetes and requires insulin injections twice a day to regulate his blood sugar. 4. Since August 27, 2001, Mr. Moore has refused all but one of his required insulin injections. 5. Since August 21, 2001, Mr. Moore has also refused to consume adequate nutrition and hydration. 6. Mr. Moore is also refusing to permit regular blood tests to monitor his blood sugar level. 7. As a result of his refusal of insulin and adequate nutrition, Mr. Moore's blood sugar level has risen to 363 and is unregulated. A normal blood sugar level ranges from 80to 110. 8. The above-mentioned behavior coupled with the accumulative affects of his prior periodical refusaI to take insulin injections, places this inmate at a great risk for his health, specifically, dehydration and neurological damage and possible loss of life. 9. It is my opinion that Mr. Moore is in imminent danger of the loss of life or other irreparable harm unless medical treatment, including nutrition and hydration, is administered immediately. Mr. Moore may die or suffer other immediate and severe irreparable harm if medical treatment, including nutrition and hydration, is not administered to him as soon as possible. I understand that this statement is made subject to the penalties of 18 Pa.C.S. {}4904, relating to unsworn falsification to authorities. Dated: x~ '~l~oung, M.D. Me~al I~irector State C*of-rectional Institution at Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, ANTHONY MOORE, Defendant Civil Action Equity PROOF OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served on the person and in the manner indicated below: Personal service by hand-delivery Anthony Moore, EQ-3030 SCI-Camp Hill 2500 Lisbum Road Camp Hill, PA 17001-8837 Teresa--M. Law ~'~ t Health Care Administrator State Correctional Institution at Camp Hill SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17001-8837 Dated:~__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, ANTHONY MOORE, Defendant No. ~)1 Civil Action Equity APPLICATION FOR EX PARTE PRELIMINARY INJUNCTION Pursuant to Pa. R. Civ. P. 1531, the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, petitions this Honorable Court to issue an order exparte granting the concurrently filed Motion for a Preliminary Injunction pending a hearing because of the following: 1. Plaintiffs Complaint and Motion for Preliminary Injunction in this matter are incorporated by reference as if fully set forth herein. 2. Defendant will suffer irreparable harm, possibly resulting in death, if the relief sought is not immediately granted. 3. Immediate relief, as requested, is necessary to sustain the life and health of the Defendant pending the adjudication of this matter. WHEREFORE, Plaintiff requests this Court to ex parte order a preliminary injunction permitting Plaintiff or Plaintiffs designee to involuntarily examine and perform invasive diagnostic tests on Anthony Moore and to administer that medical treatment which may, in the opinion of medical staff, be necessary to preserve Anthony Moore's health and life pending the adjudication of this matter. Respectfully submitted, f~I~aur~ J.N. ~,fiiling / q - Assistant Counsel Attorney I.D. No. 81070 PA Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintift} ANTHONY MOORE, Defendant : No. Civil Action Equity PROOF OF SERVICE I hereby certify that a tree and correct copy of the Application for Ex Parte Preliminary Injunction was served on the person and in the manner indicated below: Personal service by hand-delivery Anthony Moore, EQ-3030 SCI-Camp Hill 2500 Lisbum Road P.O. Box 8837 Camp Hill, Pa 17001-8837 SCI-Camp Hill 2500 Lisbum Road Camp H'iJI') Pa 17001-8837 Dated:~l~ll0/ TeresaM. Law d/// Health Care Administrator State Correctional Institution at Camp Hill