HomeMy WebLinkAbout05-2926
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS
Petitioner
No: 05. 29;(/P
vs.
JEFFERY A. BEARD, PhO,
COMMISSIONER;
DONALD KELCHNER,
SUPERINTENDENT, SCI-CAMP HILL;
EUGENE BRANNIGAN, DEPUTY
SUPERINTENDENT FOR FACILITY
~AGEMENT;D.PATTON,DEPUTY
SUPERINTENDENT FOR
CENTRALIZED SERVICES.
Respondents
IN FORMA PAUPERIS
IFP VERIFIED STATEMENT
William Curtis, states under the penalties provided by 18 P.C, 994904 that:
1. I am the Petitioner in the above action and because of my financial condition am
unable to pay the following fees and cost: Filing fees, cost of reproducing records, etc.
2. My response to questions below relating to my ability to pay the fees and cost of
prosecuting the case are true and correct.
(A) Are you employed? No, Petitioner has been incarcerated (23 years).
(B) Have you received within the past twelve months any income from a business,
profession or other form of self-employment, or in the form of rent payment, interest, dividends,
pensions, annuities, social security benefits, support payments or other sources? No
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(C) Do you have any cash or checking accounts, stocks, bonds, notes? No.
(D) Do you own any real estate, automobiles, or other valuable property? No.
(E) List the person, if any, who are dependent upon you for support and state your
relationship to those persons. None.
(F) List all your debts and obligations. None.
3. I understand that a false statement or answer to any question in this verified
statement will subject me to the penalties by law.
Ld~fetw~ CvJ;b
William Curtis, Pro Se
Dated:
MAY 1-5'
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
WILLIAM CURTIS
Petitioner
No: CJ5.';;'Q;l(,
vs.
JEFFERY A. BEARD, PhD,
COMMISSIONER;
DONALD KELCHNER,
SUPERINTENDENT, SCI-CAMP HILL;
EUGENE BRANNIGAN, DEPUTY
SUPERINTENDENT FOR FACILITY
MANAGEMENT; D. PATTON, DEPUTY
SUPERINTENDENT FOR
CENTRALIZED SERVICES.
Respondents
PETITION FOR WRIT OF HABEAS CORPUS 42 PA. C.S. &&6502(B) et. sea.
I. Petitioner William Curtis, is a prisoner proceeding pro se and confined in the
Restricted Housing Unit, sub-unit "Special Management Unit" (SMU) at the State Correctional
Institution Camp Hill, P.O. Box 8837, 2500 Lisburn Road, Camp Hill, Pennsylvania 17001-
8837, a facility operated by the Pennsylvania Department of Corrections.
2. Respondent Jeffery A. Beard, Ph.D. is Commissioner of the Pennsylvania
Department of Corrections.
3. Respondent Donald Kelchner, is Superintendent at SCI-Camp Hill.
4. Respondent Eugene Brannigan, is Deputy Superintendent for Facility
Management at SCI-Camp Hill.
5. Respondent D. Patton, is Deputy Superintendent for Centralized Services at SCI-
Camp Hill.
6. Each Respondent in Averment No. (2) through (5) has acted under "The Color of
State Law" in their official and individual capacity. And each Respondent is responsible for
Petitioner's "Conditions of Confinement."
JURISDICTION
7. Original jurisdiction of the Common Pleas Court is based on Pa Const. Art. I,
~~5.
HISTORY OF THE CASE
8. On March 23, 2005 Petitioner was transferred from the State Correctional
Institution at Smithfield, while being confined on Administrative Custody (AC) status in the
Restricted Housing Unit, to the Restricted Housing Unit, sub-unit "Special Management Unit"
(SMU) at the State Correctional Institution at Camp Hill. A facility operated by the
Pennsylvania Department of Corrections.
9. At SCI-Camp Hill's, Restricted Housing Unit, sub-unit "Special Management
Unit" between 10:45 am. and II :45 a.m. Petitioner was strip searched with 6 to 7 of
Respondent's agents, servants and/or employees watching. Then Petitioner was assigned to the
(SMU) Phase IV Housing Unit.
10. On March 24, 2005, Petitioner was taken to a "Special Management Unit" initial
Program Review Committee hearing in an extremely repressive, demeaning, and humiliating
manner. Respondent's agents handcuffed Petitioner with a (tether attachment) defined as,
"something (as a rope) by which an animal is fastened." Respondent's agents placed their tether
2
,
WILLIAM CURTIS,
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY A. BEARD, Ph.D.,
COMMISSIONER; DONALD
KELCHNER, SUPERINTENDENT,
SCI-CAMP HILL; EUGENE
BRANNIGAN, DEPUTY
SUPERINTENDENT FOR FACILITY
MANAGEMENT; D. PATTON,
DEPUTY SUPERINTENDENT FOR
CENTRALIZED SERVICES,
RESPONDENTS
05-2926 CIVIL TERM
ORDER OF COURT
AND NOW, this ~
day of August, 2005, IT IS ORDERED:
(1) Petitioner's first cause of action IS DISMISSED for failure to set forth
adequate averments to raise an Eighth Amendment claim for relief in habeas corpus.
(2) Petitioner's second cause of action IS DISMISSED for failure to set forth
averments for which relief can be granted in habeas corpus.
(3) Petitioner's third cause of action IS DISMISSED for failure to set forth
averments for which there can be relief in habeas corpus.'
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By t~orf,
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The court does not have jurisdiction and oversight in what prisoners shall be placed in
administrative custody by the Department of Corrections.
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William Curtis, DC141
Box 200
Camp Hill, PA 17001-0200
Office of Chief Counsel
Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
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between Petitioner's legs and crotch area so that the tether was rubbing aggressively up against
his genitals causing unnecessary agitation and discomfort. While the tether was being held and
pulled from behind by one of the Respondent's agents, servants and/or employees.
II. During the "Special Management Units" (PRC) hearing on March 24, 2005,
Respondents did not present any special information, circumstantial or substantial evidence as to
why Petitioner should be confined in the Restricted Housing Unit Phase (4) of the (SMU). The
established "Special Management Units" hearing procedures fail to provide reasonable standards
by which Petitioner may gauge his conduct from the past, now or future conduct and these acts
are not permitted under U.S.C.A. Const. Amend. 14
12. At the "Special Management Unit" hearing on March 24,2005, Respondents
denied Petitioner's request that the be provided with his basic fundamental hygiene items such as
skin moisturizing soap, body lotion, toothpaste, partial denture plate container, and deodorant.
Petitioner also asked the Respondents and their agents, servants and/or employees for his
eyeglasses. Each of the Petitioner's reasonable requests were denied by Respondents, and these
acts are not permitted under Title 37 Pa. Code ~~93.lI(b) Administrative Custody Shall Preclude
Punitive Punishment.
13. Petitioner informed Respondents that while being sanctioned to 30 days
disciplinary custody (DC-ADM 801) and confined under Administrative Custody (DC-ADM
802) at the State Correctional Institution at Smithfield Petitioner was allowed to purchase basic
fundamental hygiene items from the Institution's Commissary. Items such as moisturizing skin
soap, for his extremely dry skin, body lotion, toothpaste, a partial denture plate container, and
deodorant.
3
14. Prior to confinement in the Restricted Housing Unit, sub-unit "Special
Management Unit" at each custody level stated in averment (13) disciplinary and administrative
levels Petitioner could purchase a variety of family, friend and acquaint greeting cards, such as
birthday cards, get well cards, and sympathy cards.
15. Respondent's agents, servants and/or employees denied Petitioner's reasonable
request on March 24, 2005, that he be given his moisturizing soap for his extremely dry skin.
Respondents told Petitioner to make a request to the Medical Department ifhe had skin problems
and that he would be charged a co-pay medical fee.
16. Because Respondents acted indifferently to Petitioner's serious medical need and
denied Petitioner his moisturizing skin soap and body lotion Petitioner developed a skin reaction.
A skin rash with itchy and scaly skin.
17. Respondents denial to provide Petitioner with his proper hygiene items
"moisturizing skin soap and body lotion" resulted in Petitioner being examined by a Physician
Assistant who prescribed a moisturizing skin lotion for Petitioner.
18. Respondents acts an omissions resulted into Petitioner developing a skin reaction
then, a charge of $4.00, co-pay, by the Physicians Assistant.
19. That Respondents acts an omissions pertaining to Phase (4) "Special Management
Unit" are a punitive response to Title 37 Pa. Code ~~93.l1(b), since Respondents deny the
purchase of basic fundamental hygiene items, and the non-legitimate confiscation of Petitioners
eyeglasses, U.S.C.A. Const. Amend. 8.
20. That Respondents acts and omissions has created a severe disability and loss of
function that affects Petitioner. The confiscation of his eyeglasses and loss of vital function. A
4
condition that "significantly affects an individual's daily activities" is serious. Koehl v.
Dalsheim, 85 F.3d 86,88 (2d Cir. 1996) (loss of vision) U.S.C.A. Const. Amend. 8.
21. Petitioner believes and therefore avers, that by Respondents subjecting him to
using only toothpaste by the name of (Freshmint) net wt. 2.75 OZ, with an expiration date of
4/3/72, 33 years past its legal use for human consumption and that there might be a danger to his
mouth, teeth, gums and throat and Petitioner not knowing it, or he might be what is defined as a
"future - a person who is not sick now but, may someday get sick" McKinney, 509 U.S. 25
(1993) (future injury) U.S.C.A. Const. Amend. 8.
22. Petitioner believes and therefore avers, that Respondents "Special Management
Unit" DC-141 Part III Program Review Committee hearing and decision date March 24,2005,
deprived Petitioner of Due Process because Respondents did not present any special information
circumstantial or substantial evidence of any wrongdoing that Petitioner received a Misconduct
Report under (DC-ADM 801) Class I charges I through 14 that may have warranted the harsh
punitive conditions imposed by confinement in the (SMU). Punitive Administrative Custody is
not permitted under Title 37 Pa. Code ~~93.ll(b), and the deprivation of a liberty interest is not
permitted under U.S.C.A. Const. Amend. 14. The totality of conditions in the "Special
Management Units" Phase (4) is not permitted under U.S.C.A. Const. Amend. 8.
23. Respondents acts and omissions have subjected Petitioner to sleep deprivation.
Incessant light in the cell Respondents assigned him. An intentional infliction of emotional
distress [it's punitive punishment] -light on all night.
24. Respondents are responsible for poor and faulty building maintenance of the (E)
Housing Unit infrastructure. Incessant noise, a continuing clanging noise, banging noise, hissing
and pinging noise, pounding and knocking noise between the cell walls. This variety of noise
5
pollution being caused in or around installation pipes, duct canals and/or pipes for plumbing and
heating. The noise pollution is more intensified at night, causing Petitioner sleep deprivation.
25. Petitioner believes and therefore avers, Respondents knowingly and deliberately
attempt to stifle, impede and frustrate any resolution to defending any complaint or legal matter
since he is not given access and use of the paper stapler to hold his legal papers together.
Respondents have made an "oral rule," that's not "on paper." Petitioner must send the "Special
Management Unit" Counselor a request form to use the paper stapler for legal materials. There
is no guarantee the (SMU) Counselor shall be there and no guarantee that any of the
Respondent's, agents, servants and/or employees, shall be willing to perform such an important
and at the same time, ministerial duty.
26. Respondent's agents, servants and/or employees reopen all of Petitioner's letters,
legal mail, etc. A second time once his mail arrives to the "Special Management Unit" from the
mail department, which inspects each piece of incoming mail and x-rays each piece of incoming
mail first, therefore, no compelling state interest exist to warrant the opening and inspection of
Petitioner's mail a second time.
27. Respondents acts an omissions have exposed Petitioner to potential harm from
infectious disease such as HIV / AIDS, Hepatitis A, B, C and foot fungus during shower period
since the "Special Management Unit" permits toenail clippers and fingernail clippers to pass
from one inmate to another without first dipping the grooming instruments into a virus or
bactericidal disinfectant and these acts are not permitted under P.S. Title 35 Health and Safety
and U.S.C.A. Const. Amend. 8.
28. Petitioner believes and therefore avers, that Respondents "oral rules" that are not
written on paper which have denied Petitioner the following law books:
6
A. Pennsylvania Criminal Procedure - Form and Commentary by David
Rudovsky and Leonard Sosnov;
B. Pennsylvania Torts - Law and Advocacy by S. Gerald Litvin and Gerald
A. McHugh, Jr.;
C. Pennsylvania Form for Rules of Civil Procedure;
D. Black's Law Dictionary
Because the books of law, are hardback and there is no legitimate compelling state
interest for Respondents to deny Petitioner access to his books of Law, so he can defend legal
cases other than to impede Petitioners access to the courts.
29. On April 5, 2005 at the "Special Management Unit" (PRC) hearing the
Respondents agents, servants and/or employees at DC-141 Part III, "Rubber Stamped" their
March 24, 2005, decision that Petitioner's liberty privileges and rights remain a retraction
without presenting some evidence to legitimately continue him in the harsh conditions of Phase
(4) of the (SMU) Program.
30. In fact, the "Special Management Units" Administrative Segregation and Punitive
Conditions appears to be specifically prohibited by:
A. Title 37 Pa. Code ~~93.11(b)
B. U.S.C.A. Const. Amend 8;
C. U.S.C.A. Const. Amend 14.
31. Respondents "Special Management Unit" imposes "atypical and significant"
hardship on Petitioner in "relation to the ordinary incidents of prison life."
COMPARISON OF GENERAL POPULATION TO SPECIAL MANAGEMENT UNIT.
PHASE IV
GENERAL POPULATION
(SMU) PHASE IV
A) Family visits contact at least (5) to (6)
hours each visit.
A) Non-contact visits (I) hour.
B) Out of cell at least (14) hours daily.
B) Out of cell (5) hours each week.
7
C) Education programming G.E.D.,
vocational, college therapeutic and social
programs.
D) Weekly religious services.
E) Family telephone calls daily.
F) Personal hygiene showers daily.
G) Personal hygiene items, cosmetics soap,
toothpaste, body lotion, deodorant, partial
denture container and cleaner
H) Winter clothing, thermals sets; tops and
bottoms, sweat shirts, pants, insulated
boots.
I) Exercise yard (3) times a day April through
September, (2) hour intervals.
J) Commissary items vast varieties of food
concessions, non-food materials and
cosmetics.
K) Grooming and shaving each day.
L) Free from physical restraints.
M) Typewriter, radio, television, walkman,
musical instruments.
N) Regular scheduling of law library session,
with Sheppard Citation books.
0) Drinking cup purchasable at Commissary.
C) Post high school correspondence course.
D) None.
E) None.
F) Showers only (3) times each week.
G) None.
H) Winter clothing internal none. Jumpsuits
same material winter and summer. No
boots issued for daily winter conditions.
External clothing coat inadequate lining for
frigid winter temperatures.
I) Exercise yard (I) hour (5) days each week
and no recreation equipment.
J) None: Must sign up and pay $4 to co-pay,
since purchases of medications such as
analgesic tablets, aspirins and allergy
medication is prohibited and no family
greeting cards.
K) Shaving only (3) times each week.
L) Physical restraints and strip searched
constantly; physical restraints handcuffs,
leg iron shackles, and tether (animal rope).
M) None.
N) (SMU) mini law library inadequate. No
Sheppard Citation books. Scheduling is
inconsistent.
0) None.
8
32. Respondents handbook for (SMU) inmates page (2) Phase IV (stating, in pertinent
part, the First Administrative Custody Phase... .inmates will receive the required minimum
privileges and services established by (ADM 802)... .inmates will have no services beyond the
Phase V inmates). Phase V meaning, disciplinary custody inmates.
33. Petitioner believes and therefore avers, that Respondents acts an omissions to
punish him to services and privileges a standard on equal measure under Disciplinary Custody
(ADM 801) while Petitioner's Disciplinary Custody sanction expired on December 20.2004 at
the State Correctional Institution at Smithfield, and now to subject Petitioner to the services and
privileges of disciplinary punishment while he is sanction to Administrative Custody (ADM 802)
is an act of punitive punishment and the like which appears to be specifically prohibited by:
A. Title 37 Pa Code ~~93.11(b) (stating, in pertinent part...precludes the
presence of punitive punishment in Administrative Custody. . .);
B. Fourteenth Amendment U.S. Const. (stating, in pertinent part.. . nor shall
any state deprive any person of life, liberty, or property without due
process ofIaw; nor deny to any person... the equal protection of the law).
34. Moreover, Petitioner has been housed in the "Restricted Housing Unit" since
November 21,2004, at SCI-Smithfield. While sanctioned to (30) days disciplinary
custody services and privileges included personal hygiene items such as soap, toothpaste,
deodorant, aspirins, allergy medication, analgesic tablets and family greeting cards, all
available by way of commissary purchases and while on Administrative Custody
Petitioner was permitted to make (I) phone call each month.
9
CLAIMS
FIRST CAUSE OF ACTION
35. All acts an omissions of Respondents in averments 9,10,12,13,15,16,17,19,
20,21,23,24,27,30, violated Petitioner's Eighth Amendment Constitutional rights.
36. Petitioner's Eighth Amendment Constitutional rights to be free from:
A. Excessive strip searches with 6 or 7 of Respondents agents,
servants and/or employees watching;
B. Physical restraints such as a tether that is degrading, humiliating
and used as an instrument to intimidate;
C. Incessant noise pollution which is more intensified at night causing
sleep deprivation because of faulty infrastructure maintenance;
D. Incessant light causing sleep deprivation, cell light on all night,
instrument of psychological torture;
E.
Deliberate indifference to provide toothpaste with an expiration
date of April 3, 1972;
,
F. Deliberate indifference to (loss of vision) and headaches due to
confiscation of eyeglasses;
G. Deliberate indifference and forced to use soap that caused a skin
reaction;
H. Deliberate indifference exposure to infectious disease such as
HIV/AIDS, Hepatitis A, B, C and foot fungus, disinfectant not
used on toenail and fmgernail grooming instruments.
SECOND CAUSE OF ACTION
37. All acts an omissions of Respondents in averments 11, 12, 13, 19,22,25,28,29,
30,31,32,33,34, violated Petitioner's Fourteenth Amendment Constitutional rights.
38. Petitioner's Fourteenth Amendment rights to be free from:
10
A. Confinement in harsher conditions under Administrative Custody
since March 23, 2005, than received from a sanction of (30) days
disciplinary custody under Misconduct Report No. 267662, from
November 21,2004, until December 20,2004;
B. Procedures that arbitrarily abrogate and systematically fail to
provide due process;
c. Summary punishment and punitive punishment;
D. Denial ofIegitimate legal books ofIaw to defend legal cases;
E. "Rubber Stamp" and vague written responses of the PRC on DC-
141 Part III, stating that "Petitioner is a serious risk to any staff and
inmate;"
F. Obstruction in preparing legal papers for the courts. Denial of
access to the paper stapler and no Sheppard Citations in R.H.U.
law library.
THIRD CAUSE OF ACTION
39. All acts an omissions of Respondents in averments 12, 13, 14,15, 17, 19,21,22,
25,28,30,31,32,33, violated Petitioners Title 37 Pa. Code ~~93.11(b) rights.
40. Petitioner's Title 37 Pa. Code ~~93.II(b) rights to be free from:
A. Punitive Administrative Custody and confinement under (DC-
ADM 802);
B. Privileges and rights retractions, which are a significant
modification while, confined to Administrative Custody that the
retractions of these acts are below the established standards for
disciplinary custody confinement throughout the Pennsylvania
Department of Corrections.
C. The conditions of confinement that are absolutely disciplinary
"in kind and degree" while being subjected to Administrative
Custody confinement with the denial of the release of my
personal property and all privileges restored.
II
RELIEF
WHEREFORE, Petitioner request this Honorable Court to grant the following relief:
A. Issue a Declaratory Judgment that Respondents violated the United States
Constitution and Pennsylvania Constitution and State Laws when Respondents:
I. Use excessive cavity and strip searches that are an instrument for
harassment, degradation, humiliation and intimidation.
2. Use physical restraints (tether attachment) that is not banal an unnecessary
an instrument for harassment, degradation, humiliation and intimidation.
3. Permit incessant loud noise at night causing sleep deprivation, noise
between walls of building because offaulty infrastructure maintenance.
4. Permit incessant light, cell light on all night causing sleep deprivation.
5. Are wholly responsible for deliberate indifference to fundamental basic
hygiene needs and provide a toothpaste by the name of Freshmint with an
expiration date of April 3, 1972.
6. Are wholly responsible for deliberate indifference causing physical pain
"headaches" loss of vision "confiscation of eyeglasses."
7. Are wholly responsible for deliberate indifference to medical need causing
a skin reaction.
8. Expose Petitioner to infectious disease such as Hepatitis A, B, C,
HIV 1 AIDS and foot fungus, non-disinfectant grooming instruments.
9. Refuse to transfer Petitioner or release Petitioner to general population.
10. Stop or impede access to petition the court and denial of possession to
legitimate books or law to defend legal cases.
II. Continue the confinement of Petitioner in punitive Administrative Custody
abrogating due process creating "atypical and significant" hardship.
B. Issue an Injunction ordering Respondent's and their agents, servants and/or
employees:
I. To refrain from conduct that impedes or stops access to the court.
12
2. To refrain from excessive force, intimidation and harassment directed
towards Petitioner for filing this suit of law in court.
3. To refrain from the denial of appropriate and necessary personal hygiene
items.
4. To rescind the use of (DC-ADM 802) policies and practices pertaining to
the "Special Management Unit" as punitive and unconstitutional.
5. Return Petitioner's eyeglasses and release all personal property.
6. Transfer Petitioner or release Petitioner to general population.
C. Grant that a meaningful review of the facts herein is warranted.
Respectfully Submitted,
~{CQ/- CUt~
William Curtis, Pro Se
NA'j 2.5
,2005
Dated:
13
EXIllBITS
A. DC-141 Part III, Program Review Committee Decision of March 24, 2005
B. DC-141 Part III, Program Review Committee Decision of April 5, 20005.
DC-141 PART 111
PROGRAM REVIEW COMMIITEE ACTION
_Misconduct Appeal xx Periodic Review
(Aj
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
_Other
DC Number Name Institution Date of Review No. from PART 1
AM-8092 CURTIS, William SCIC 1> J4- /~?
PROGRAM REVIEW COMMITTEE'S DECISION AND ITS RATIONALE
DATE OF CURRENT PLACEMENT IN THE SMU PROGRAM: 03/23/05
CURRENT STATUS: DC_ AC XX
CURRENT PROGRAM PHASE: Phase 4
DATE ENTERED PHASE: 03/23/2005
SENDING INSTITUTION: SCI-SMI
SCI-CAMPHILL, REVIEW # INITIAL
# OF MISCONDUCTS SINCE SMU
PLACEMENT: 0
# OF SMU PLACEMENTS: 1'1
DC MAXIMUM DATE:
SPECIAL MANAGEMENT UNIT TEAM PROGRESS REPORT AND RECOMMENDATIONS:
The SMU PRC recommends no change in Mr. Curtis' current Phase 4 AC status. This is Mr. Curtis'
initial SMU PRC since his reception from SCI-Smithfield on 03/23/2005. Staff have noted no issues of
concern since reception.
The SMU PRC votes to continue Mr. Curtis in Phase 4 of the SMU program due to the continued risk
he presents to the safety and security of inmates in any general population.
Additional Comments:
DECISION RELATIVE TO HEARING COMMITTEE'S VERDICT
Not Applicable
Sustain
Sustain-Amend
Names of Program Review Committee
Members
--
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L..T
SUPERINTENDENT ~
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CC: DC-15, DC-14, Inmate, File ~J'''' )- ""
.:IF
Refer Back For Further Study
Exonerate Inmate
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DC-141 PART 111
PROGRAM REVIEW COMMITTEE ACTION
_Misconduct Appeal xx Periodic Review
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
__Other
DC Number
AM-8092
Name
CURTIS, William
Institution
SCIC
No. from PART 1
PROGRAM REVIEW COMMITTEE'S DECISION AND ITS RATIONALE
DATE OF CURRENT PLACEMENT IN THE SMU PROGRAM: 03/23/05
SENDING INSTITUTION: SCI-SMI
CURRENT STATUS: DC_ AC XX
CURRENT PROGRAM PHASE: Phase 4
SCI-CAMPHILL, REVIEW # 1"
DATE ENTERED PHASE: 03/23/2005
# OF MISCONDUCTS SINCE SMU
PLACEMENT: 0
# OF SMU PLACEMENTS: 1'1
DC MAXIMUM DATE:
SPECIAL MANAGEMENT UNIT TEAM PROGRESS REPORT AND RECOMMENDATIONS:
The SMU PRC recommends no change in Mr. Curtis' current Phase 4 AC status. There were no
misconducts this review and housing reports reflect a satisfactory adjustment this review.
The SMU PRC votes to continue Mr. Curtis in Phase 4 of the SMU program due to the continued risk
he presents to the safety and security of inmates in any general population.
Additional Comments:
DECISION RELATIVE TO HEARING COMMITTEE'S VERDICT
Not Applicable
Sustain
Sustain-Amend
Refer Back For Further Study
Exonerate Inmate
Names of Program Review Committee
J"
Members .'
M 1tI--4 H
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Date
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k'LAU-S
L'IITTT'
CulL
C-DS-
SUPERINTENDENT
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CC: DC-15, DC-14, Inmate, File
VERIFICATION
I, William Curtis, hereby certify the statements made in the foregoing Petition for Writ of
Habeas Corpus are true and correct to the best of my personal knowledge, information and
belief.
These statements are made subject to the penalties of 18 Pa. C.S.A. ~~4904 relating to the
unsworn falsification to authorities
GtiL~ Cudi:L
William Curtis, Pro Se
Dated: March,
s I z.~ 2005
)
CERTIFICATE OF SERVICE
I, William Curtis, hereby certify that a true and correct copy of the within Petition for
Writ of Habeas Corpus of Petitioner has been mailed by certified mail by way ofSCI-Camp Hill,
mail department upon the following:
Counsel for the Pennsylvania
Department of Corrections
2520 Lisburn Road,
CamphiIl, PA I70Il
Dated:
(Y}AY l~
,2005
By:
~~
William Curtis, Pro Se
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS
Petitioner
vs.
No: 05 - J.q [) /.p
JEFFERY A. BEARD, PhD,
COMMISSIONER, ET.AL.
Respondents
AFFIDAVIT OF WILLIAM CURTIS IN SUPPORT OF PETITION FOR WRIT OF
HABEAS CORPUS
I, William Curtis, declare according to law deposes and say that the following statements
are true and correct and based upon personal knowledge.
I. That Petitioner was sanction to disciplinary custody status from November 21,
2004, until December 20, 2004, at SCI-Smithfield.
2. That Petitioner while sanction to disciplinary custody he did purchase his basic
fundamental hygiene items such as, skin moisturizing soap, body lotion, toothpaste, deodorant,
and partial denture plate container and cleaner.
3. That Petitioner did purchase a variety offamily greeting cards. Other items
available for Petitioner were analgesic tablets, aspirins, and allergy medication.
4. That Petitioner was sanction to administrative custody at SCI-Smithfield
Restricted Housing Unit from December 20, 2004 until March 23, 2005, and during this time
interval Petitioner's inmate privileges included one phone call each month and Petitioner could
purchase basic fundamental hygiene items stated in Averments No. (2) and (3).
5. That while Petitioner was housed in the Restricted Housing Unit at SCI-
Smithfield on administrative custody and disciplinary custody could retain ten magazines.
6. Since Petitioner has been housed in the Restricted Housing Unit at SCI Camp
Hill, on March 23, 2005, on Administrative Custody Phase IV Petitioner cannot purchase any
personal fundamental hygiene items, not even for legitimate medical needs.
7. That Respondents have confiscated Petitioner's eyeglasses on March 23,2005,
and Respondents have not replaced his eyeglasses.
8. That Respondents subjected Petitioner to using a toothpaste by the name of
Freshrnint with an expiration date of April 3, 1972. Produced by Exclusive Distribution New
World Imports, MTG-0853 17-001889 Nashville, TN. 37203, issued by Respondents to Petitioner
on March 23, 2005 and April 12, 2005.
9. That Petitioner was prescribed a skin moisturizing lotion for his skin reaction by
Physician Assistant Newfielnd. Then Newfielnd refused to renew Petitioners medication on
May 10, 2005 because she stated "the medication was a security risk."
I O. That Petitioner is suffering from itchy, scaly skin which causes skin blemishes
and blotches.
II. That Petitioner has informed the Program Review Committee about his medical
need pertaining to his skin and the (PRC) continues to show a lack of concerns and deliberate
indifference to Petitioner's medical needs.
12. That Petitioner is suffering from severe headaches, bleary and distorted vision,
excessive eye strain and eye fatigue since Respondents confiscated his eyeglasses on March 23,
2005.
2
13. That Respondents permit their agents, servants and/or employees to remove
staples, reopen and read Petitioner's mail a second time in spite of the fact that Petitioners mail is
x-rayed and searched by the SCI-Camp Hill Mail Department, in direct violations of 6.5.1.
Administration of Security Level 5 Housing Units 6.5.1 (J)(6)(A)(4) and 6.5.1 (J)(6)(A)(6).
14. That Respondents and their agents, servants and/or employees provide no
meaningful structured programs for Petitioner at the "Special Management Unit" in the
Restricted Housing Unit at the State Correctional Institution at Camp Hill.
15. That the Pennsylvania General Assembly made available $43 million dollars
worth of security related prison improvements in the year of 2000, yet the "Special Management
Unit" (E) Unit at the State Correctional Institution at Camp Hill, does not have securitv cameras
on each range and tier to monitor and video tape record all movements by the Respondents and
their agents, servants, and/or employees and inmates so, the cameras can be a positive instrument
a deterrent to curtail Respondents and their agents, servants, and/or employees acts of collusion
and propensity to commit acts of brutality and excessive force.
16. That Petitioner has heard Respondent's agents, servants and/or employees state
"The Special Management Unit began or continued at SCI-Camp Hill, to be an avenue for
revenge because of the 1989, Camp Hill, uprising."
I verify that the facts set forth in this Affidavit are true and correct to Petitioner's
Personal knowledge and that any false statements therein are made subject to the Penalties of
Crime Code 18 Pa. C.S. 4904, relating to unsworn falsification to authorities.
Dated: /VIA,! 7./:;,~ )2005
UuJlirn~ Cuii2~
William Curtis, Pro Se
3
EXHIBITS
A. 6.5.1 Administration of Security Level (5) Housing Units, 6.5.1 (J)(6)(A)(4) and
6.5.1 (J)(6)(A)(6), pertaining to the opening of mail and staples
B. Commissary receipts of purchases made while sanction to disciplinary custody
status by Petitioner and Luis Sabater, at the State Correctional Institution at
Smithfield in the Restricted Housing Unit, (H-B) Housing Unit.
C. Restricted Housing Unit Inmate Handbook from the State Correctional Institution
at Smithfield revised July 19,2004, pertaining to administrative custody status
and disciplinary custody status personal property Page 4 Part (B)(A)(3)(5) (Page
5) (D)(F)(J) and DC Status Page 5(b )(3) Page 5 (b )(3) Page 6 (5)(D)(F)(J)(K).
And AC status telephone calls Page 9 (K)(1)(A)
(Ai
6.5.1 Administration of Security Level 5 Housing Units
Incoming Mail to Housing Units L-5
6.5.1 (J)(6)()l)(4)
"Regular mail receive via the mailroom that has already been inspected for
contraband. This mail be delivered to the inmate in the manner in which it is
received from the mailroom. Unit Officers shall inspect each letter to ensure that
a facility mail inspector stamp is on the letter indicating it was inspected in the
mailroom. Letter that do not have the stamp shall be returned to the mailroom for
inspection. The Officer noting which correspondence was returned to the
mailroom and why, shall submit a written report to the Unit Manager, Business
Manager, Supervisor and Deputy Superintendents."
6.5.1 (J)(6)()l)(6)
"There is no need to remove regular size staples from mail being delivered to
inmates. This includes staples inserted into envelopes by the mailroom in the case
of regular correspondence. However, at no time shall L-5 inmates have or be
given paperclips."
( r., )
SCI SMITHFIELD
Da.te: 11/24/2004 11:1
Name~SABArER, LUIS
Booking # :DW8010
Beginning Balance:$7.80
Location: Section:S
Block:H Cell:2030
Receipt #: 04329-U60650l-154
PCP #:144919
Ending Balance: $3.07
Bed:
Inventory ID#
A035000759030
C
a0431 00152002
TAX THIS SALE
Description
TOOTHPASTE (B SODAlPEROXI[
CARD (TOUlBDAY/GWELLlSYM)
PAPER 200 CT.
TAX THIS SALE
Quantity
1
1
1
1
Unit Taxed Total
$2.04 N $2.04
$1.04 Y $1.04
$1.50 Y $1. 50
$0.15 Y $0.15
TotalOrder:$4.73
---------------------------------------------------------------
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4. General conduct in the RHU. Loud, boisterous behavior, yelling, banging on cell
doors or passing items between cells will not be tolerated! Continued kicking or
banging on doors can result in the cell occupants' being placed in restraints. Any
item found on the tier will be considered trash and will be disposed of. An
accumulation of unnecessary articles in your cell is not permitted. Nothing Will be
p." lIIita.ci to be placed on cell walls, windows, doors or light iixtures. You are not
permitted to write em or mark the cell walls, door, or any ofille cel/1ilctJm!s.
5. Disrespect towards RHU staff and other staff 1T1el..D-c." Pc.fullllillY their duties will
not be tolerated. This includes abUSive and obscene language, throWing of anything
on or at staff and any disruption of the RHU routines. Failure to comply with any of
the above rules and regulations will sub1ect you to a misconduct and or criminal
prosecution.,
1/1. Daily Routines
A Counts
1. Standing counts in the RHU will be conducted 4 times per day at designated times.
Additional counts will be performed at unannounced times. The officer is required to
verify the presence of the inmate through the observation of flesh/movement.
8. Personal Property
1. The only items you will be permitted to retain in your cell are items you request and
are permitted in aCCOrdance with the RHU manual. AuthoriZed personal property
forms will be issued Upon entry into the RHU. The only authorized request for
property after you have been processed into the RHU will be for any legal material
you may have over and above that which will fit into one reCOrds center box. This
request will be made to the 2-10 RHU lieutenant and may OCCUr every thirty (30)
days provided you have legal material stored in your property. No other requests for
property will be accepted.
a. AC. status inmates shall be permitted to maintain in their cells any combination
of personal property from the following list that will fit into one standard-sized,
records-center box:
1) Written materials in accordance with DC-ADM 803, "Inmate Mail and
Incoming Publications;"
2) One newspaper (one-for-one exchanges are permitted for newly received
editions);
3). Ten magazines (Ol),e-for-one exchanges an;! permitted for newly received
PUblications ).'
4) Inmates will be provided access to the facility law library by requesting legal
materials in aCcordance with local procedures. Leisure reading material may
be I'RtJ1 ''''''''''ed on a weekly basis from the library.
5) Basic iS5Ued toilet articles:
a) RHU toothbrush
b) Razor - issued to and returned by inmate
4
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c) Nail Clippers - issued to and returned by inmate
d) Toothpaste - retained by inmate
e) Shave Cream - issued to and returned by inmate
f) Soap- j)c>"",...J or slate issued -state soap will be issued ~ per_~_
g) Comb - small black plastic - retained by inmate
h) Kuffee
i) Toilet paper will be issued by the 2-10 shift, 2 rolls per inmate each week _ must
return cardboard core. .
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j) Regular or medicated shampoo
6) Deodorant - stick style only
7) Shower shoes
8) Three sets of personal underwear
9) Writing materials
a) Typing paper
b) Onion skin paper
c) Legal red line paper
d) Carbon paper
e) Legal table (8 W x 14" - yellow)
f) Manila envelopes (6x9)
.
g) Manila envelopes (1Ox15)
h) Dictionary
i) Envelopes with postage
j) Address book
10) Personal Wash cloth
b. D.C. status inmates shall be permitted to maintain in their cells any combination
of personal properly from the following list that will fit into one standard-sized,
records-center box: '.
1) Written materials in accordance with DC-ADM 803, ..nmateMail and
Incoming Publications;"
2) One newspaper (one-for-one exchanges are permitted for newly received
editions):
3) Ten magazines (one-for-one exchanges are permitted for newly received
pUblications ).
5
(C2-)
4) Inmates will be provided access to the facility law library by requesting legal
materials in accordance with local procedures. Leisure reading material may
be requested on a weekly basis from the library.
5) Basic issue toilet articles
.a) RHU L..uI1 mllJsh
b) Razor-issued to and rel11med by inmate
c) Nail Clippers - issued to and returned by inmate
d) Toothpaste - retained by inmate
-
e) Shave cream - issued to and returned by inmate
f) Soap - personat or state issued - state soap will be issued 2 per week
g) Comb - small black plastic - retained by inmate
h) Kuffee
i) Toilet paper - will be issued by the 2-10 shift, 2 rolls per inmate each week _
must return cardboard core.
j) Regular or medicated shampoo
k) Deodorant - stick style only
6) Shower shoes
7) Three sets of personal underwear
8) Writing materials
a) Typing paper
b) Onion skin paper
c) legal red line paper
d) Carbon paper
e) Legal tablet (8 )1;" X 14" - yellow)
f) Manila envelopes (6x9)
g) Manila envelopes (1 Ox15)
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h) Dictionary
i) Envelopes with postage
j) Address book
9) Personal Wa.:.l n.,Jutll
6
(c 3)
4. Outgoing mail may be sealed by the inmate and placed in the mailbox. Outgoing
mail will be picked up daily (Monday through Friday). No mail will be picked up on
weekends and holidays.
5. You will be permitted to receive newspapers in the mail, however you are permitted
to keep only one newspaper in your cell. Newspapers will be exchanged on a one
for one basis.
J. Medical Services
1. Prescribed medication will be delivered to the RHU and will be dispensed at the
appropriate times by a nurse.
2. Sick Call - Inmates wishing to be placed on the sick call list should submit a sick call
slip, Sunday through Thursday. A cash slip in the amount of $2.00 must be signed
prior to being seen. A physician's assistant (PA) will screen the list to determine the
need to see a doctor.
K. Telephone Calls
1. All calls will be in accordance with ADM 801 and ADM 802 directives.
a. Calls for AC status inmates must be approved by the PRC or RHU lieutenant.
b. Calls for DC status inmates will be permitted for emergency reasons only with
approval by the PRC or shift commander.
L Basic Issue Items
1. Inmates confined in the RHU shall be issued the following items.
a. One jumpsuit, one blanket, one pair of socks, three under shorts, three
undershirts, two sheets, one pillowcase, one pair slip-on canvas shoes, one bar
of soap, one grievance form, one copy of the unit handbook, one flex toothbrush,
one toothpaste, one personal washcloth, two toilet paper, ten postage paid
envelopes per month, one request slip, one flex pen, one comb. .
2. Special items falling in the category of personal hygiene such as: denture items,
prescription eyeglasses, etc. shall generally be permitted unless a security concern
is evident. Any such request shall be addressed to the RHU Ueutenant-In-Charge
for review.
3. Accumulation of the articles listed above may be restricted when it affects security,
health, sanitation, or safety. No articles or items are permitted that are composed
entirely or in part of glass ,l;tr metal, this includes lids as well as containers. The RHU
Ueutenant shall approve Items that are not on the above list before they shan be
permitted in the inmate's possession.
M. Commissary
1. Commissary items am permitted consistent wili1 DC ADM 801 and DC ADM 802.
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WILLIAM CURTIS,
PETITIONER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY A. BEARD, Ph.D.,
COMMISSIONER; DONALD
KELCHNER,SUPE~NTENDEN~
SCI-CAMP HILL; EUGENE
BRANNIGAN, DEPUTY
SUPERINTENDENT FOR FACILITY
MANAGEMENT; D. PATTON,
DEPUTY SUPERINTENDENT FOR
CENTRALIZED SERVICES,
RESPONDENTS : 05-2926 CIVIL TERM
ORDER OF COURT
AND NOW, this ~ day of June, 2005, petitioner is allowed to proceed in
forma pauperis by not paying the filing fee or the service fee.
,
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~Ham Curtis, DC141
Box 200
Camp Hill, PA 17001-0200 >
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WILLIAM CURTIS,
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY A. BEARD, Ph.D.,
COMMISSIONER; DONALD
KELCHNER, SUPERINTENDENT,
SCI-CAMP HILL; EUGENE
BRANNIGAN, DEPUTY
SUPERINTENDENT FOR FACILITY
MANAGEMENT; D. PATTON,
DEPUTYSUPE~NTENDENTFOR
CENTRALIZED SERVICES,
RESPONDENTS
05-2926 CIVIL TERM
ORDER OF COURT
AND NOW, this ~ day of June, 2005, a Rule is entered against
respondents to show cause why the relief requested should not be granted. Rule
returnable forty-five (45) days after service.
By the Court,-
..//
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Edgar B. Bayley, J.
....william Curtis, DC141
Box 200
Camp Hill, PA 17001-0200
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.A1ffice of Chief Counsel
Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
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Cumberland County Prothonotary's Office
Civil Case Print
Page
2005-02926 CURTIS WILLIAM (vs) BEARD JEFFERY A ET AL
Reference No. . :
Case Type.....: PETITION
Judgment:. . . . . . : .00
Jy.dge Assigned:
Dlsposed Desc. :
------------ Case Comments -------------
Filed. . . . . . . . :
Time... ......:
Execution Date
Jury Trial. . . .
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
6/07 /~
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O/OO/C
****************************************************************************
General I~dex Attorney Info
CURTIS WILLIAM
STATE CORRECTIONAL INSTITUTION
POBOX 8837 2500 LISBURN RD
CAMP HILL PA 17001 8837
BEARD JEFFERY A
PHD COMMISSIONER
KELCHNER DONALD
CURTIS R. LONG
Prothonotary
Cumberland County
One Courthouse Square
Carlisle. PA 17013
PETITIONER
RESPONDANT
RESPONDANT
FiL.
OF THE ~Pjl,:}.rlfW
ZGOS JilL II PM 4: 02
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Mr. William Curtis
AM-8092
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
i70i3+8882-S; RGii
1",111",111"""1/"1/,1,,1,1,,/,1,,/,,,1,11,/,,/,/,,,/,,11
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
WILLIAM CURTIS
Petitioner
v.
CIVIL TERM
No. 05-2926
JEFFREY A. BEARD, PH.D.;
COMMISSIONER, DEPARTMENT
OF CORRECTIONS, et. aI.
Respondents
PETITIONERS MOTION FOR LEAVE OF COURT
1. Petitioner by Leave of Court ask this Honorable Court to grant Petitioner
permission to amend his Petition for Writ of Habeas Corpus.
2. Respondents shall not be inconvenienced by this Honorable Court's grant of
Petitioner's request to amend his Petition for Writ of Habeas Corpus.
Respectfully Submitted,
~t"'C~
William Curtis, pro se
AM8092
2500 Lisburn Road
P.O. Box 8837
Camp Hill, PA17001-8837
Dated:
Jv Ii 2.0
,2005
VERIFICATION
I, William Curtis, hereby certify the statements made in the foregoing Petition for Writ of
Habeas Corpus are true and correct to the best of my personal knowledge, information and
belief.
These statements are made subject to the penalties of 18 Pa. C.S.A. ~~4904 relating to the
unsworn falsification to authorities
LJijJ~ ~
William Curtis, Pro Se
Dated: March, 7 /2- D ?005
CERTIFICATE OF SERVICE
I, William Curtis, hereby certify that a true and correct copy of the within Petition for
Writ of Habeas Corpus of Petitioner has been mailed by certified mail by way ofSCI-Camp Hill,
mail department upon the following:
Counsel for the Pennsylvania
Department of Corrections
2520 Lisburn Road,
Camphill, P A 17011
Dated:
July 20
,2005
,
By:
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William Curtis, Pro Se
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WILLIAM CURTIS
Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
JEFFREY A. BEARD, PH.D.;
COMMISSIONER, DEPARTMENT
OF CORRECTIONS, et. al.
Respondents
05-2926 CIVIL TERM
ORDER OM
AND NOW, this ~ day of ~5, upon consideration of
the Petitioner's Motion for Leave of Court to Amend Petition for Writ of Habeas Corpus, within
(30) thirty days of this Order, it is hereby ordered that Petitioner's Motion is granted.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., eta/.,
Respondents.
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance in the above-captioned matter as counsel only
on behalf of the following Respondents: Jeffrey A. Beard, Ph.D., Secretary of the
Pennsylvania Department of Corrections; Donald Kelchner, Superintendent of the
State Correctional Institution at Camp Hill ("SCI-Camp Hill"); Eugene Brannigan,
Deputy Superintendent for Facility Management at SCI-Camp Hill, and Dave
Patton, Deputy Superintendent for Centralized Services at SCI-Camp Hill.
By:
Respectfully submitted,
Office of General Counsel
~ ()
Timothy. ark
Assistant Counsel
Attorney LD. No. 27758
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: July 28, 2005
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., et al.,
Respondents.
CERTIFICATE OF SERVICE
I hereby certify that I am this day depositing in the U.S. mail a true and
correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s)
in the above-captioned matter.
Service by first-class
Addressed as follows:
William Curtis, AM-8092
SCI-Camp Hill
P.O. Box 200
Camp Hill, PA 17001
Stacy Jarvis
Clerical Superv sor 2
Pennsylvania Department of Corrections
Office of Chief Counsel
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: July 28, 2005
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., et al.,
Respondents.
RESPONDENTS' MOTION TO DISMISS PETITION FOR
WRIT OF HABEAS CORPUS WITHOUT HEARING
Respondents, by their attorney, Timothy 1. Mark, Assistant Counsel, move
this Court to dismiss the Petition for Writ of Habeas Corpus without hearing for
the following reasons:
Parties and Backt!round
1. Petitioner, William Curtis ("Curtis"), IS an inmate under the
Pennsylvania Department of Corrections ("Department") inmate number AM-
8092, who is presently incarcerated at the State Com:ctional Institution at Camp
Hill ("SCI-Camp Hill") and housed in the Special Management Unit ("SMU").
(Petition, ~ l).
2. Curtis names as Respondents: Jeffrey A. Beard, Ph.D., Secretary of
the Department ("Secretary Beard"); Donald Kelchner, Superintendent of SCI-
Camp Hill ("Superintendent Kelchner"); Eug(me Brannigan, Deputy
Superintendent for Facility Management at SCI-Camp Hill ("Deputy Brannigan"),
and Dave Patton, Deputy Superintendent for Centralized Services at SCI-Camp
Hill ("Deputy Patton"). (Petition, ~~ 2-5).
Procedural Backl!round
3. On or about June 7, 2005, Curtis filed a document entitled "Petition
for Writ of Habeas Corpus, 42 Pa.C.S. S 6502(B)" ("Petition"), a Petition for
Leave to Proceed in forma pauperis ("IFP request"), and an Affidavit in Support
of Petition for Writ of Habeas Corpus ("Affidavit").
4. By an Order dated June 16, 2005, and entered on June 17,2005, the
Respondents were directed to show cause why the relief requested should not be
granted; returnable forty-five (45) days after service. The Rule was served on
Secretary Beard by the Sheriff on June 22, 2005. Thus, a response is due on or
before August 6, 2005.
Relief Requested
5. In the Petition, Curtis requests: the issuance of a declaratory
judgment on eleven (11) matters; and an injunction on six (6) other matters,
including an Order that directs his transfer or release to general population; and a
meaningful review of the facts. (Petition, pp. 12-13, Prayer for Relief).
6. Curtis claims in his First Cause of Action that his Eighth Amendment
Rights have been violated (Petition, p. 10); in his Second Cause of Action Curtis
2
alleges that his Fourteenth Amendment Rights have be:en violated (Petition, pp. 10-
11); and in his Third Cause of Action Curtis alleges that his rights under
37 Pa.Code S 93.1 1 (b) have been abridged (Petition, p., 11).
THE PETITION FOR A WRIT OF HABEAS CORPUS SHOULD BE
DISMISSED WITHOUT A HEARING
Writ of Habeas Corpus
7. Our appellate courts have observed that:
The availability of habeas corpus in Pennsylvania is both
prescribed and limited by statute. See 42 Pa.C.S. SS 6502
(Power to issue writ); 6503 (Right to apply for writ). Subject to
these provisions, the writ may issue only when no other remedy
is available for the condition the petitioner alleges or available
remedies are exhausted or ineffectual. See Reese, 774 A.2d at
1260 [Com., Dep't of Corrections v. Reese, 774 A.2d 1255, 1260
(Pa.Super.2001)]. Thus, "habeas corpus should not be
entertained ... merely to correct prison conditions which can be
remedied through an appeal to prison authorities or to an
administrative agency." Commonwealth ex rei. Bryant v.
Hendrick, 444 Pa. 83,280 A.2d 110, 113 (1971). Moreover, "it
is not the function of the courts to superintend the treatment and
discipline of prisoners in penal institutions." fd. Accordingly,
the writ may be used only to extricate a petitioner from illegal
confinement or to secure relief from conditions of confinement
that constitute cruel and unusual punishment. See id. ; Weaver v.
Pa. Bd. of Probation and Parole, 688 A.2d 766, 775 n. 17
(Pa.Cmwlth.1977). "[T]he failure or refusal of prison authorities
to exercise discretion in a particular way may not be reviewed in
a habeas corpus proceeding." Commonwealth ex rei. Tancemore
v. Myers, 189 Pa.Super 270,150 A.2d 180, 182 (1959).
Commonwealth ex reI. Fortune v. Dragovich, 792 A.2d 1257, 1259 (Pa. Super.
2002)(bracketed material supplied), appeal denied, 569 Pa. 690, 803 A.2d 732
(2002); see also Rivera v. Pennsylvania Department of Corrections, 837 A.2d
525, 528 (Pa. Super. 2003), appeal denied, 857 A.2d 680 (Pa. 2004).
3
An inmate's request to be released from a particulllr housing and a claim that
his placement in that housing was inconsistent with Department policy does
not assert a cognizable basis for habeas corpus cOlllditions relief, is frivolous,
and the Petition may be properly dismissed without a hearing.
8. Curtis asserts that on March 25, 2005, seventy-four (74) days before
he filed this Petition on June 7, 2005, he was transferred from SCI-Smithfield's
RHU, where he had been held in administrative custody, to the SMU at SCI-Camp
Hill. (Petition, ~ 8). Curtis also appears to allege that preceding his transfer from
SCI-Smithfield he had spent a period of time in disciplinary custody that expired in
December 2004. (Petition, ~~ 33, 38 A).
9. The Second Cause and Third Cause of Action of the Petition appear,
for the most part, to be grounded in a position that both the Fourteenth Amendment
and the Department's Administrative Regulations establish a protected "liberty"
interest to be free from confinement in the SMU, which Curtis asserts violates "due
process" by imposing a stricter confinement "in kind and degree," a denial of
certain privileges, and Program Review Committee ("PRC") meeting reviews that
are a "rubber stamp" and vague. (Petition, pp. 10-11, A-C, E; p. II, A-C).
10. An inmate's request to be released from a particular housing and a
claim that his placement in that housing was inconsistent with Department policy,
however, does not assert a cognizable basis for habeas corpus conditions relief, is
frivolous, and the Petition may be properly dismissed without a hearing.
Commonwealth ex reI. Fortune v. Dragovich, 792 A.2d 1257, 1259 (Pa. Super.),
4
appeal denied, 569 Pa. 690, 803 A.2d 732 (2002)(prison officials accorded
administrative discretion on inmate placement and hlOusing issues, which are not
matters reviewable in habeas). Accordingly, to thl~ extent that the Petition is
construed as a challenge to Curtis' transfer from SCI-Smithfield to the SMU at
SCI-Camp Hill, or as either a claim that his placement in that type of housing is
improper or inconsistent with Departmental policy, Curtis has not stated a viable
habeas conditions claim.
WHEREFORE, the Petition for Writ of Habeas Corpus should be
DISMISSED without hearing.
Curtis, a SCI-Camp Hill Special Managemenlt Unit inmate, has not
sufficiently alleged the existence of a cognizable condition of confinement that
offends the Eighth Amendment, or warrants either a habeas hearing or relief.
Eighth Amendment Standard-Habeas
11. An inmate's habeas conditions-of-confinement claims are typically
judged by a standard that emanates from the Eighth Amendment. Cf Com. ex reI.
Bryant v. Hendrick, 444 Pa. 83,280 A.2d 110 (1971). The United States Supreme
Court has held that the Eighth Amendment requires prison officials to maintain
"humane conditions for prisoners" through ensuring that "inmates are provided
with adequate food, clothing, shelter, and medical care." Farmer v. Brennan,
511 U.S. 825, 832, 114 S.Ct. 1970 (1994).1
I Both the United States and Pennsylvania Constitutions provide that "[ e ]xcessive
bail shall not be required, nor excessive fines imposed, nor cruel and unusual
5
12. Because the Eighth Amendment prohibits the "unnecessary and
wanton infliction of pain," Rhodes v. Chapman, 452 U.S. 337, 347,101 S.Ct. 2392
(1991), "[ e Jxtreme deprivations are required to make out a conditions-of-
confinement claim [since] ...routine discomfort is part of the penalty that criminal
offenders pay for their offenses against society." Hudwn v. McMillan, 503 U.S. 1,
9, 112 S.Ct. 995 (1992).
13. To make out a case, therefore, Curtis must allege and satisfy both an
objective and subjective prong:
1.) The objective element requires an inmate to show the alleged
deprivation was "sufficiently serious" that it resulted in the
"denial of 'the minimal civilized measure of life's necessities.'"
Farmer v. Brennan, 511 U.S. at 834 (citing Wilson v. Seiter,
501 U.S. 294, 297-8, 111 S.Ct. 2321 (1991)). Stated differently,
the inquiry is whether "the alleged wrongdoing was objectively
'harmful enough' to establish a constitutional violation."
Hudson v. McMillan, 503 U.S. 1,8 (1 992)(citation omitted); and
2.) The second requirement, under a subjective standard,
requires a showing that the responsible prison officials acted
with "deliberate indifference" to the inmate's conditions of
confinement. Id. That "requirement follows from the principle
punishment inflicted." U.S. CONST. amend. VIII and PA. CONST. art. 1, S 13.
"The guarantee against cruel and unusual punishment contained in the
Pennsylvania Constitution, Article I, Section 13, provides no broader protections
against cruel and unusual punishment than those (~xtended under the Eighth
Amendment to the United States Constitution." Commonwealth v. Spells,
417 Pa.Super. 233, 239, 612 A.2d 458, 461 (1992), appeal dismissed as
improvidently granted, 537 Pa. 350, 643 A.2d 1078 (1994); see also
Commonwealth v. Zettlemoyer, 500 Pa. 16, 73-74, 454 A.2d 937, 967-69 (1982),
cert. denied, 461 U.S. 970,103 S.Ct. 2444, 77 L.Ed.2d 1327 (1983).
6
that only the unnecessary and wanton infliction of pain
implicates the Eighth Amendment." Farmer, 511 U.S. at 834
(internal quotation marks and citations omitted)(emphasis
added).
Complete pre-suit exhaustion of available administrative remedies afforded to
a confined inmate by the State is required for an inmate seeking habeas relief,
just as it is for all civil rights actions inmate about prison life.
14. Additionally, because the writ of habeas corpus is an extraordinary
remedy and will not be entertained on the slightest pretext or merely to correct
prison conditions that can be remedied through an appeal to prison authorities or to
an administrative agency, the Petition must include or demonstrate that relief was
sought administratively to correct the alleged conditions. Commonwealth ex reI.
Bryant v. Hendrick, 444 Pa. at 88, 280 A.2d at 113; Cf Iseley v. Beard, 841 A.2d
168, 172-73 (Pa. Cmwlth. 2004)(inmate's constitutional claims had not "ripen" for
mandamus action where four grievances had been file:d, but had not been decided
or were not appealed by the inmate to Final Review, and the fifth was pending for
Final Review when action filed), appeal denied, 863 A.2d 1150 (Pa. 2004)
15. Similarly, the United States Supreme Court has held that the current
exhaustion statute enacted by Congress for civil rights claims, 42 U.S.C.
sI997e(a), mandates the complete pre-suit exhaustion of available
administrative remedies afforded to an inmate by tliIe state on all inmate suits
about prison life. Porter v. NussIe, 534 U.S. 516, 520 (2002). Exhaustion of
administrative remedies, however, may not occur afte:r a suit is filed. Ahmed v.
7
Sromovski, 103 F.Supp.2d 838, 844 (E.D. Pa. 2000)(suit dismissed where plaintiff
filed Eighth Amendment suit after receiving an initial response to grievance but
before fully exhausting appeals to Step Two and, thereafter, to SorGA at Step
Three).
16. Because Curtis does not appear to attach copies of any grievances that
he may have filed to demonstrate that he first brought his complaints to the
attention of prison officials to correct prison conditions that can be remedied
through an appeal to prison authorities or to an administrative agency, Respondents
have requested those Departmental employees who are charged with the
responsibility to review certain types of inmate griev~mces to review their records
pertaining to Curtis and to report their findings.2
2 Pursuant to 37 Pa.Code S 93.9, the Department maintains a grievance system.
Administrative Directive DC-ADM 804, entitled "Inmate Grievance System"
("DC-ADM 804"), establishes procedures for review of inmate grievances and
consists of a three-step process that is described in Booth v. Churner, 206 F.3d
289,293, n. 2 (3d Cir. 2000), aff'd on other grounds, 532 U.S. 731,121 S.Ct. 1819
(2001), which begins with a grievance filed with the facility's Grievance
Coordinator (Taggart) and ends with Final Review provided by SOIGA (Pollack).
Not all issues, however, are grievable under the DC-ADM 804 Grievance System.
For example, placement and other issues dealing with administrative custody
("DC-ADM 802") and disciplinary confinement ("DC-ADM 801") matters. Each
of those policies has separate grievance systems and both provide tiered review
appeal routes that culminate in a Final Review by Bitner. The Department's
Administrative Directives are available on its web site:
<http://www.cor.state.pa.us>. Feigley v. Department of Corrections, 872 A.2d
189, 192 n. 1 (Pa. Cmwlth. 2005).
8
17. Specifically, Unsworn Declarations were requested from:
a.) Ian Taggart, the Grievance Coordinator at SCI-Camp Hill
("Taggart"), was asked to review the Automated Inmate Grievance Tracking
System to identify from the computerized system all inmate grievances filed
by Curtis under DC-ADM 804 at SCI-Camp Hill since Curtis' arrival.
Taggart's Unsworn Declaration, attesting to the grievances that have been
filed by Curtis, is appended hereto as Exhibit "A;
b.) Tracy Pollock ("Pollock"), who works in the Secretary's Office
of Inmate Grievances and Appeals ("SOIGA") was also asked to confirm
whether Curtis fully exhausted his available administrative remedies by
filing and obtaining a Step Three Final Review of those DC-ADM 804
inmate grievances identified by Taggart before this action was filed.
Pollock's Unsworn Declaration is appended hereto as Exhibit "B"; and
c.) Robert S. Bitner, Chief Hearing Officer for the Department
("Bitner"), who is responsible for reviewing and providing Final Review of
misconduct appeals filed by inmates pursuant to Department Policy DC-
ADM 801, entitled "Inmate Discipline" ("DC-ADM 801"), and
Administrative Custody appeals filed by inmates pursuant to Department
Policy DC-ADM 802, entitled "Administrative Custody Procedures" ("DC-
ADM 802"), was requested to confirm wheth(:r Curtis has ever requested
Final Review of any Administrative Custody placement or whether,
following any PRC review of his administrative placement at SCI-Camp
Hill, Curtis appealed to Final Review. Bitner's Unsworn Declaration is
appended hereto as Exhibit "C."
Of the six DC-ADM 804 grievances filed by Curtis at SCI-Camp Hill, some
were not filed until after this lawsuit was filed and none were completely
exhausted through the Final Review before Curtis brought this action.
18. As of the date of his Declaration, Taggart has identified six (6) DC-
ADM 804 grievances filed by Curtis at SCI-Camp Hill since he arrived on March
25,2005:
a.) No. 114926. Claim pertammg to confiscation of Curtis'
eyeglasses at the SMU on March 25, 2005. (Ex. A, ~ 8 (a), Ex. A-I).
9
Taggart has provided the grievance (April 8, 2005), the Initial Review
response (April 27, 2005), the Appeal to the Superintendent (May 6,2005),
and the Superintendent's Response (May 26, 2005). Pollock states Curtis
filed this action before completing the exhaustion of his administrative
remedies because Curtis' Step Three appeal to Final Review to SOIGA was
received by it on June 10, 2005, three (3) days after this action was filed.
(Ex. B, ~ 5 (a));
b.) No. 116163. Claim that C.O. I Huber made false statements
that Curtis had excessive books and shoes during a personal property
inventory on AprilS, 2005. (Ex. A, ~ 8 (b), Ex. A-2). Taggart has provided
the grievance (April 19, 2005), the Initial Review response (May 5, 2005),
the Appeal to the Superintendent (May 19, 2005), and the Superintendent's
Response (May 31, 2005). Pollock states Curtis filed this action before
completing the exhaustion of his administrative remedies because Curtis'
Step Three appeal to Final Review to SOIGA was dated June 14,2005 and
received by it on June 16, 2005, nine (9) days after this action was filed.
(Ex. B, ~ 5 (b));
c.) No. 118128. Claim that documents received in the mail on
April 28, 2005 were damaged by staff removing staples, i.e., the comers of
pages were damaged. (Ex. A, ~ 8 (c), Ex. A-3). Taggart has provided the
grievance (May 13,2005), the Initial Review n:sponse (May 26, 2005), the
Appeal to the Superintendent (June 3, 2005), and the Superintendent's
Response (June 15, 2005). Pollock states Curtis filed this action before
completing the exhaustion of his administrative remedies because Curtis'
Step Three appeal to Final Review to SOIGA was dated June 21, 2005 and
received by it on June 27, 2005, twenty (20) days after this action was filed.
(Ex. B, ~ 5 (c));
d.) No. 118415. Claim that there had been a refusal to renew his
skin lotion/medication. (Ex. A, ~ 8 (d), Ex. A-4). Taggart has provided the
grievance (May 23, 2005), the Initial Review response (June 3, 2005), the
Appeal to the Superintendent (June 17, 2005), and the Superintendent's
Response (July 7, 2005). Pollock confirms that as of the date of her
Declaration SOIGA has not yet docketed a Step Three appeal of this
grievance from Curtis and it appears that Curtis' Step Two appeal happened
ten (10) days after the suit was filed. (Ex. B, ~ 5 (d));
10
e.) No. 120269. Claim that C.O. 1 Huber would not allow Curtis
to keep more than the allowable (under DC-ADM 803) number of books in
his cell. (Ex. A, ,-r 8 (e), Ex. A-5). Taggart has provided the grievance (June
12, 2005), the Initial Review response (June 22, 2005), the Appeal to the
Superintendent (June 27, 2005), and the Superintendent's Response (July 15,
2005). Pollock confirms that as of the date of her Declaration SorGA has
not yet docketed a Step Three appeal of this grievance from Curtis and it
appears that the grievance was filed after the suit was filed. (Ex. B, ,-r 5 (e));
and
f.) No. 122350. Claim that SMU Handbook does not furnish
information on measures to be taken should the're be a fire. (Ex. A, ,-r 8 (t),
Ex. A-6). Taggart has provided the grievance (June 28, 2005), which was
filed three (3) weeks after this lawsuit and the Initial Review response that
was issued (July 15, 2005). As of the date of his Declaration, however,
Curtis has not filed a Step Two Appeal to the Superintendent. Pollock
confirms that as of the date of her Declaration SOIGA has not yet docketed a
Step Three appeal of this grievance from Curtis and it appears that the
grievance was filed after the suit was filed. (Ex. B, ,-r 5 (t)).
19. Thus, although Curtis had filed four (4) DC-ADM 804 grievances
(Nos. 114926, 1161163, 118128, and 118415) before this lawsuit was brought,
none were or had been pursued to finality by obtaining a Final Review decision
from SOIGA at the time this action was brought on June 7, 2005. Curtis'
remaining two (2) grievances, (Nos. 120269 and 122350), however, where not
even initially submitted until after this suit was commenced. Because Curtis did
not comply with mandatory complete exhaustion pre-suit, and exhaustion may not
occur after a civil action is filed, Curtis' lawsuit is barred and any matters raised in
those grievances may not be considered.
11
The claims asserted by Curtis do not rise to the level of a violation cognizable
in habeas or Curtis procedurally defaulted by failing to file a grievance on
some of the issues or, where a grievance was fill~d, Curtis failed to fully
exhaust his appeals to prison authorities before this action was brought.
20. The First and Second Causes of Action in the Petition appears to
discuss the following conditions:
a.) Strip search upon reception at SCI-Camp Hill in front of
prison officials before being assigned to the SMU. (Petition, '\I 36 (A),
'\19). Inmates, however, do not have a Fourth Amendment right to be free
from strip searches, which can be conducted by prison officials without
probable cause provided the search is conducted in a reasonable manner.
Bell v. Wolfish, 441 U.S. 520 (1979)(unannounced searches, called
"shakedowns," and visual body cavity searches, even as to pretrial detainees,
does not violate the Fourth Amendment). Strip searches of inmates upon
leaving and returning to a segregated unit is constitutionally permissible.
Groffv. Nix, 803 F.2d 358 (8th Cir. 1986). Curtis alleges that the strip search
took place in front of prison officials. None of Curtis' allegations rise to the
level of a constitutional violation. Moreover, Curtis did not grieve this
issue under DC-ADM 804.
b.) Handcuff with tether attachment when led to and from PRC
on one occasion, March 24, 2005. (Petition, '\136 (B), '\110). Handcuffing
with tether attachment is a routine part of prison life in a maximum security
housing situation or when transported to and from court appearance. While
Curtis appears to assert a certain amount of indignity and discomfort,
excluded from constitutional recognition are de minimus uses of force; and,
a single isolated incident does not rise to thl~ level of a constitutional
violation. Ostrander v Horn, 145 F.Supp.2d 614, 618 (M.D. Pa. 2001),
aff'd, 49 Fed.Appx. 391, 2002 WL 31474165 (3d Cir., No. 01-2303, filed
Oct. 8, 2002). Moreover, Curtis did not grieve this issue under DC-
ADM 804.
c.) Incessant noise pollution intensified at night with sleep
deprivation caused by faulty infrastructure. (Petition, '\I 36 (c), '\I 24).
Although Curtis alleges sleep deprivation he has not quantified it. In Rivera
v. Pennsylvania Dep't. of Corrections, 837 A.2d 525 (Pa. Super. 2003),
appeal denied, 857 A.2d 525 (Pa. 2004), where L TSU inmates claimed that
12
there was noise from banging and screaming at all hours of the day and
night, and sometimes the heat did not work, the Superior Court agreed that
such claims failed to rise to constitutional level that would require issuance a
habeas writ. To the extent that conditions of confinement are restrictive and
even harsh, they are part of the penalty that criminal offenders pay for their
offenses against society. Rhodes v. Chapman, 452 U.S. 337 (1981).
Extreme deprivations are required to make out a condition of confinement
claim under the Eighth Amendment. Hudson v. McMillan, 503 U.S. 1, 9
(1992). Moreover, Curtis did not grieve this issue under DC-ADM 804.
d.) Incessant light causing sleep deprivation, cell light on all
night, instrument of psychological torture. (Petition, ~ 36 (D), ~ 23).
Curtis appears to claim that it is an intentional infliction of emotional
distress to have the security night lighting in this LevelS housing on during
the night. In Rivera v. Pennsylvania Dep't. of Corrections, the L TSU
inmates alleged that the Eighth Amendment had been violated, inter alia, on
the basis that "the lights are left on twenty-four hours a day." Id., 837 A.2d
at 530. In particular, both inmates alleged that they "suffered from
depression and other emotional and psychological problems." Id., 837 A.2d
at 531. The Superior Court affirmed the trial court's conclusion that there
had been no Eighth Amendment violations because the conditions
complained of "either alone or in combination with other conditions, [did
not deprive the L TSU inmates] of the 'minima~ civilized measure of life's
necessities,' or at least a 'single, identifiable human need. '" Id., 837 A.2d at
534 (p. 42a). Although Rivera is a habeas case and involved the L TSU,
Curtis does not appear to allege in this case conditions at the SMU that are
materially different than those which were held just last year in Rivera to fall
short of a constitutional violation. Moreover, Curtis did not grieve this
issue under DC-ADM 804.
Nevertheless, Respondents have appended thf~ Unsworn Declaration of
Robert J. Marsh, Unit Manager for the SMU ("Marsh") hereto as Exhibit
"D". Marsh confirms that the SMU is one of the Department's maximum
security housing units that is designed to handle unmanageable inmates who
are disruptive and violent, in a safe, secure, and humane manner. (Ex. D, ~~
2-3).
The "Count light" that Curtis refers to is the "Security night lighting"
provided for under Policy 6.5.1, which applies tOl the security level of SMU
inmates at SCI-Camp Hill, and implemented to provide safety and security
13
to the staff and inmates, and is required to remain "on at all times in [SMU]
units." (Ex. D, ~~ 6-8). "Security night lighting" is a seven-watt bulb
protected by an opaque white plastic cover and the bulb is similar to those
bulbs used in "night lights" in homes and in window-sill candles in
residences. (Ex. D, ~ 9).
During the day or night, the inmate may turn oiT all the interior lights in his
cell at will except for the "Security night lighting." (Ex. D, ~ 10). The low-
intensity seven-watt light bulb furthers safety :and security because during
nighttime hours when the inmate's interior lights are off, officers do not
need to flash a bright-beamed flashlight into the cells disturbing and
interrupting an inmate's sleep. Rather, the low-wattage light permits an
officer to observe "flesh and movement" Ito determine the inmate's
continued presence in the cell, and the inmate's location within it, should a
need arise to enter the cell for any reason, including if the inmate suddenly
became ill and need help or assistance. (Ex. D, '\I 11). The count light in
Curtis' SMU cell, is rationally related to legitimate, and obvious,
penological interests, namely safety and security.3
e.) Deliberate indifference to provide toothpaste with an
expiration date of April 3, 1972. (Petition, f36 (E), '\121). If this matter
occurred, as Curtis appears to allege, it is a matter that can be or could have
been remedied through appeal to prison officials. Because habeas corpus is
an extraordinary remedy and will not be entertained on the slightest pretext
or merely to correct prison conditions that can be remedied through an
appeal to prison authorities or to an administrative agency, Curtis' Petition
should have included or demonstrated that relief was sought administratively
to correct this alleged condition. Commonwealth ex reI. Bryant v. Hendrick,
444 Pa. 83,88,280 A.2d 110, 113 (Pa. 1971). Curtis, however, never filed
any grievance on this issue under DC-ADM 804.
f.) Deliberate indifference to (loss of vision) and headaches due
to confiscation of eyeglasses. (Petition, ~ 36 (F), ~'\I12, 20). Curtis alleges
that his eyeglasses were confiscated, which has created severe disability and
loss of vision, and it affects his daily functions. (Petition, ~~ 12, 20).
3 Curtis does not suggest why he cannot turn to sleep on his stomach, his side, or,
for that matter, why "[a] little cloth over his eyes would not solve the problem
[and] negate deprivation...." Chavarria v. Stacks, 102 Fed.Appx. 433, 437 2004
WL 1485076, *3 (5th Cir. 2004)(Reavley, J., concurring).
14
Institutional Grievance No. 114926 (Ex. A-I) filed by Curtis on April 8,
2005 appears to relate that: his eyeglasses had been confiscated 14 days
before, March 25, 2005; and his claim that without them he would have
headaches and would be unable to read.
Unit Manager Marsh was assigned as the Grievance Officer for that
grievance and in his Initial Review response of April 27, 2005, Marsh
explained that because the eyeglasses were composed entirely or in part of
metal, a security concern was presented; however, Optometry was notified
to schedule a replacement pair of glasses that would not pose a security
threat. After Curtis appealed to Step Two on May 6, 2005, the
Superintendent explained that when glasses of newly transported SMU
inmates are confiscated the Optometry staff of the Medical Department is
contacted to schedule a clinic appointment for replacement eyeglasses.
Although Curtis had been slotted to be escorted to the Optometry Clinic, he
was also advised to sign up for Sick Call should he experience difficulties in
the interim. Pollock confirms that Curtis never filed a Step Three appeal of
this grievance to SOIGA until it was received there on June 10,2005, which
was after this lawsuit was filed. (Ex. B, ~ 5(b)). Therefore, Curtis did not
fully exhaust his administrative remedies before filing suit. Porter.
Although poor vision may, under certain circumstances, constitute a serious
medical need, the allegations that Curtis advanced did not include any risks
attendant to his uncorrected vision that rise to that level. Davidson v. Scully,
155 F.Supp.2d 77 (S.D.N.Y.2001)(blurry vision and headaches caused by
eyeglasses with incorrect prescription are not a sufficiently serious condition
under the Eighth Amendment); Cannell v. Multnomah County,
141 F.Supp.2d 1046 (D. Or. 2001)(headaches caused by lack of reading
glasses do not constitute serious medical nel~d for Eighth Amendment
purposes). But see Koehl v. Dalsheim, 85 F.3d 86 (2d Cir. 1996)(deprivation
of eyeglasses allegedly caused plaintiff to fall and walk into objects
sufficient to state medical care claim); Benter v. Peck, 825 F.Supp. 1411
(S.D. Iowa 1993)(legally blind inmate, requiring glasses to work or function,
held to have serious medical need).
g.) Deliberate indifference and forced to use soap that caused a
skin reaction. (Petition, ~ 36 (G), ~~ 15-18). Curtis appears to allege that
he needed his moisturizing soap for his extremely dry skin and was advised
to contact the Medical Department if he had skin problems and that a co-pay
medical fee would be charged. Curtis allegedly developed a skin reaction, a
15
skin rash with itchy and scaly skin. A Physician's Assistant examined
Curtis, prescribed a moisturizing skin lotion, and billed Curtis a co-pay of
$4. (Petition, ~ 36 (G), ~~ 15-18).
A skin irritation is simply not of constitutional proportions. "Not every ache
or pain or medically recognized condition involving some discomfort can
support an Eighth Amendment claim. Kretchmar v. Department of
Corrections, 831 A.2d 793, 799 (Pa. Cmwlth. 2003)( citing Gutierrez v.
Peters, 111 F.3d 1364, 1372 (71b Cir. 1980), petition for allowance of appeal
denied, _Pa._, 847 A.2d 1289 (2004). The serious medical need
requirement of the Eighth Amendment contemplates a condition of urgency,
one that produces death, degeneration or extreme pain. Monmouth County
Correctional Institutional Inmates v. Lanzaro, 834 F.2d 326, 347 (3d. Cir.
1987). The prison officials suggested that Curtis contact medical so that
trained medical personnel could make an informed decision as to whether
the lotion was "necessary, Curtis was able to sl~e medical, and the medical
staff "prescribed" that material. (Petition, ~ 17). The necessary payment of
a minor co-pay amount is constitutional. Silo v. Ridge, 728 A.2d 394
(Pa. Cmwlth. 1999)(upholding medical co-pay statute and the Department's
regulation and administrative directive issued pursuant to the Prison Medical
Services Act, Act of May 16,1996, P.L. 220, as amended, 61 P.S. ~~ 1011-
1017).
Curtis appears to have filed an Institutional Grievance No. 118415 over the
matter pertaining to the alleged medical need for skin lotion. That grievance
has been appended as Exhibit A-4 to the Declaration of Taggart. From a
review of the grievance it appears that on May 23, 2005 Curtis grieved
Physician Assistant Newfinland's (sic) refusal to renew a prescription for
skin medication. Ms. Law, the Corrections Health Care Administrator, as
the assigned Grievance Officer, responded on June 3, 2005 that Newfield, a
licensed practitioner, had determined that Curtis' complaint of "dry skin" did
not necessitate any treatment or medical intervention at this time. At Step
Two, the Superintendent upheld the previous determination but suggested
that Sick Call could be utilized if Curtis belil~ved there was a need for
medical services. Pollock confirms that as of the date of her Declaration
SOIGA has not yet docketed a Step Three appeal of this grievance from
Curtis and it appears that Curtis' Step Two appeal happened ten (10)
days after the suit was filed. (Ex. B" 5 (d)).
16
h.) Deliberate indifference exposure to infectious disease...foot
fungus, disinfectant not used on toenail and fingernail grooming
instruments. (Petition, ~ 36 (H), ~ 27). Curtis claims that during SMU
showers toenail and fingernail clippers are passed from one inmate to
another without application of antibacterial or antivirus materials to these
items. Curtis has never filed any grievance over this issue.
i). Denial of legitimate legal books of law to defend legal cases,
(Petition, , 38 (D), , 28) and obstruction in preparing legal papers for
the courts, denial of access to the paper stapler and no Shepherd's
Citations in RHU law library, (Petition, , 38 (F), , 25). Curtis appears to
allege that there is some deficiency in the prison's legal resources as some
legal materials that he desires were, on some non-specific occasion, not
made available to him for his use. Because he refers to them as "his
books of Law," it may also appear that he is alleging that he has been denied
access to his "personal property." (Petition, ~ 28). The "obstruction" Curtis
appears to allege seems to be related to the need to send a request slip to his
counselor in order to gain access to use of the paper stapler. (Petition, ~ 25).
Although these "access to courts" issues are not typically the basis of a
habeas case, even if they were reviewable, they would fail to state a
constitutional claim. In Lewis v. Casey, 518 U.S. 343, 351-52 (1996), the
Court held that to pursue a claim of denial of access to the courts, the inmate
must allege actual injury, as opposed to some alleged deficiency in the
prison's legal resources. Actual injury includes the loss of a non-frivolous
claim relating to a challenge to the inmate's conviction or to the conditions
of confinement. Id. Because Curtis has failed to allege any "actual injury,"
he has failed to state a cognizable denial of access to the courts claim.4
4 Curtis' claims that he has been deprived of acce:ss to the Courts is easily
disproved given that he was able to successfully file this matter in this Court
challenging the conditions of his custody. Moreover, restrictions on property, even
to legal material, have been upheld. See, e.g., Iseley v. Beard, 841 A.2d 168, 174
n. 11 (Pa. Cmwlth. 2004)(the Department's excess property limitation even as it
relates to legal materials is reasonably related to legitimate penological goals of
safety, security, and fire); Griffin v. Young, 1992 WL 72995, at *3 (E.D. Pa.
March 31, 1992)(placement and housing within a SMU thereby restricting an
inmate to the Mini Law Library are alone insufficient to establish a constitutional
violation. Restricted access is not a per se denial of access to the courts;
17
There appears to be one pre-lawsuit filed grievance that may potentially
apply to the claims under consideration, No. 116163 dealing with personal
property inventory. (Ex. A, ,-r 8 (b), Ex. A-2). Another grievance, No.
120269 (Ex. A., ,-r 8 (e), Ex. A-5), however, was initially filed on June 12,
2005, a week after this lawsuit was commenced. Exhaustion of
administrative remedies, however, may not occur after a suit is filed. Ahmed
v. Sromovski, 103 F.Supp.2d 838 (E.D. Pa. 2000).
The pre-suit grievance, No. 116163 (Ex. A-2), filed at SCI-Camp Hill in
April, 19, 2005, appears to deal with books in excess of the personal
property limitations. There Curtis states that on April 5, 2005 during
inventory CO 1 Adam Huber made false statem(:nts that Curtis had 27 books
in excess of the standard 10 and 1 pair of sholes in excess of the standard
2 pairs of boots/shoes and 3 pairs of sneakers.
The May 5, 2005, Initial Review response to the grievance explained that
Curtis had been provided the opportunity to decide what property to retain in
his cell, when exchanges could be made, and the DC-ADM 803 limitations
on books. After he appealed to Step Two, Superintendent Kelchner on
May 31, 2005 responded that the policy had been properly applied to the
property issues raised by Curtis. Pollock states Curtis filed this action before
completing the exhaustion of his administrative remedies because Curtis
Step Three appeal to Final Review to SorGA was dated June 14,2005 and
received by it on June 16, 2005, nine (9) days after this action was filed.
(Ex. B, ,-r 5 (b)).
The Department may place limitations on an inmate's possession of personal
property, Bronson v. Central Office Review Committee, 554 Pa. 317,
721 A.2d 357 (1998), and it may also validly limit the amount of property an
inmate may possess. Iseley v. Beard, 841 A.2d 168, 174 n. 11 (Pa. Cmwlth.
2004).
The post-lawsuit filed grievance, No. 120269, (Ex. A-5), deals with issues
pertaining to limitations on the allowable number of books to be kept in
Curtis' cell. In response to the June 12, 2005 grievance, an Initial Review
response was issued on June 22, 2005, which 'explained Policy DC-ADM
regulations may be imposed limiting the time, plac:es, and manner in which
inmates may engage in research).
18
803 limitations. Limitations on the amount of in-cell property are valid.
Iseley. As of the date of her Declaration, Pollock states that a Step Three
appeal by Curtis on this grievance has not been docketed. Moreover, Curtis
may not initiate the grievance process after filing suit. Porter; Ahmed.
j.) Reopening mail and inspection orit a second time. (Petition,
~ 26). Curtis alleges that his mail must pass through two inspections. This
does not appear to be a habeas issue, and it does not state a valid
Constitutional claim. Curtis appears to have filed an Institutional Grievance
No. 118128 over the matter pertaining to documents allegedly damaged in
the mails, which also appears to discuss the mail inspections. (Ex. A., ~ 8
(c), Ex. A-3). It appears that the May 13, 2005 grievance deals with an
April 28, 2005 event when a variety of documents were received in the mail,
which were stapled together. The staples were removed and as a result
Curtis claimed that the comers of these pagl~s were unnecessarily tom.
Curtis sought monetary compensation, Curtis a]'so complained that his mail
is being open a second time even after the mailroom inspects it.
The Initial Review response by the Grievance Officer referred to
Department Policy 6.5.1 and stated that it is a security risk to have staples in
the mail for SMU inmates and explained DC-ADM 803 as it relates to
incoming mail. Days before this lawsuit was filed, Curtis filed a June 3,
2005 appeal to Superintendent Kelchner requesting compensation for those
documents that were destroyed. The Step Two response by the Grievance
Officer explained that past experience with SMlJ inmate' use of staples had
led to the change in policy.
Pollock states Curtis filed this action before completing the exhaustion of his
administrative remedies because Curtis' Step Three appeal to Final Review
to SOIGA was dated June 21, 2005 and received by SOIGA on June 27,
2005, twenty (20) days after this action was filed. (Ex. B, ~ 5 (c)). Section
42 lJ.S.C. S 1997e(a) requires a confined inmate to initiate a formal
grievance under Policy 804 and to pursue it through all steps of the process
before bringing his lawsuit. Porter; Booth v. Churner, 532 U.S. 731 (2001).
Department Policy 803 does not violate the First Amendment or an inmate's
due process rights with respect to incoming mail. Nasir v. Morgan,
350 F.3d 366,369-374 (3d Cir. 2003).
19
Negligent or intentional deprivations of property by a state employee do not
state a claim of constitutional magnitude when there is an adequate post-
deprivation remedy. Hudson v. Palmer, 468 U.S. 517, 532-33
(1984)(extending prior case holdings to intentional deprivations of property
and holding Section 1983 action not available where adequate post-
deprivation remedy available under state law). McEachin v. Beard,
319 F.Supp.2d 510, 514-515 (E.D. Pa. 2004)("[T]he DOC prison grievance
system has been recognized by courts in this Circuit as providing adequate
post deprivation remedies to inmates in satisfaction of the Due Process
Clause."); Waters v. Com., Dep't of Corrections, 97 Pa.Cmwlth. 283, 289,
509 A.2d 430, 433 (1986)("DOC's inmate grievance review system provides
an adequate and meaningful legal remedy....")).
21. "[I]t is a general rule that the [habeas] petition may be denied
summarily and without a hearing where it fails to allege facts making out a prima
facie case for the issuance of the writ." Balsamo v. Mazurkiewicz, 611 A.2d 1250,
1253 (Pa. Super. 1992)(citation omitted). Thus, it was incumbent upon Curtis to
have alleged facts making out a prima facie basis for habeas conditions relief,
something he has not done.
22. While there can be no doubt but that Curtis' predominate and
overriding desire in filing the Petition is an effort to have this Court remove him
from his assigned facility and housing in the SlIill and have him placed
somewhere else, habeas corpus relief is not available to avoid more stringent
conditions of confinement, whether they occur in administrative custody,
disciplinary confinement, Special Management Units, or the LTSU. Fortune.
Because some of the issues raised by Curtis are not cognizable in habeas and the
remaining matters are not constitutional violations, do not rise to the level required
20
for a hearing, or were not either grieved or grieved to finality under the available
administrative grievance system before this action was brought, it is respectfully
requested that the Petition be dismissed without a heariing.5
WHEREFORE, the Petition for Writ of Habeas Corpus should be
DISMISSED without hearing.
Declaratory Relief Should be Uenied
23. To the extent that the Petition is construed as one seeking declaratory
judgment under the Declaratory Judgments Act, 42 Pa.C.S. 7531-7541, whether to
grant that request is a matter lying within the sound discretion of a trial court.
Gmerek v. State Ethics Comm 'n , 751 A.2d 1241 (Pa. Cmwlth. 2000), aff'd,
569 Pa. 579, 807 A.2d 812 (2002). Such an action is not an optional substitute for
established or available remedies and should not be granted where a more
5 Even were it determined, however, that a hearing is required, a Petitioner has no
absolute right to be present at the hearing in a habeas corpus proceeding, and such
right ordinarily depends upon whether the Petitiolli~r's presence is necessary.
Commonwealth ex rei. O'Niel .V Ashe, 337 Pa. 230, 10 A.2d 404 (1940). The
issues raised in the particular case determine whether a prisoner should be
produced for a hearing in a habeas corpus proceeding. Com. ex reI. Johnson v.
Maroney, 191 A.2d 704, 705-706 (Pa. Super. 1963). "[T]emporary relief from
prison confinement is always an alluring prospect, and to the hardened criminal the
possibility of escape lurks in every excursion beyond prison walls." Price v.
Johnson, 159 F.2d 234, 237 (9th Cir. 1947). In this case, there is no need to
provide Curtis with a "holiday in court." See Crawford-El v. Britton, 523 U.S.
574, 596, 118 S.Ct. 1584, 1595-96, 140 L.Ed.2d 759 (1998)(claims may be
"plainly frivolous and some may be more motivated more by a desire to obtain a
'holiday in court,' than by a realistic expectation of tangible relief.")(footnote
omitted).
21
appropriate remedy is available. Pittsburgh Palisades Park v. Pennsylvania Horse
Racing Comm 'n, 844 A.2d 62 (Pa. Cmwlth. 2004).
24. Because the earlier portion of this document has established that
Curtis does not have a clear right to the relief he seeks, any request for declaratory
relief should be denied. Cf Marksberry v. Chandler, 126 S.W.3d 747,749,751 &
n. 16 (C.A. Ky. 2004)(collecting cases where inmate wnfined to 30 days or more
of administrative or disciplinary segregation and "atypical and significant
hardship" claims were rejected; also rejecting claim that protected liberty interest
was implicated by collateral consequences affecting privileges during that
confinement; and affirming dismissal of declaratory relief sought by inmate
challenging prison discipline action and concluding no liberty subject to due
process protection existed).6
6 Pursuant to Section 761(a)(1) of the Judicial Code, 42 Pa.C.S. S 761(a)(1),
petitions seeking mandamus or injunctive relief against the Commonwealth
government or its officers acting in their official capacity fall with the original,
exclusive jurisdiction of Commonwealth Court. Kretchmar; Commonwealth v.
Snyder, 829 A.2d 783, 785 (Pa. Cmwlth. 2003). Secretary Beard is an official with
state-wide policymaking authority. See, Fawber v Cohen, 516 Pa. 352, 361,
532 A.2d 429, 434 (1987)(suit against an official with state-wide policymaking
authority, Secretary of Welfare, seeking injunctive and declaratory relief to direct
his official acts is within Commonwealth Court's jurisdiction under Section
761(a)(1) of the Judicial Code, and not that of County Common Pleas under the
Section 761(a)(I)(v) exception). Since Curtis' Petition named Secretary Beard as a
Respondent, Commonwealth Court's exclusive, original jurisdiction appears to be
invoked. Thus, this Court appears to lack subject matter jurisdiction.
22
25. To the extent that Curtis may be seeking only equitable relief, because
Curtis does not allege that he sought and was denied administrative relief through
the state correctional institution grievance system, he cannot establish that he lacks
another adequate and appropriate remedy. See Harding v. Stickman, 823 A.2d
1110 (Pa. Cmwlth. 2003).
WHEREFORE, the Petition for Writ of Habeas Corpus should be
DISMISSED without hearing.
No Viable Section 1983 Claim
26. Should the Petition be construed, notwithstanding its denomination as
a habeas Petition, as attempting to assert a case under the Civil Rights Statute,
42 U.S.C. S 1983 ("Section 1983"), there are several reasons why it should be
dismissed.7
7 A civil action under Section 1983 must proceed under the Pennsylvania Rules of
Civil Procedure. Under Pennsylvania Rule of Civil Procedure 1007, an action may
be commenced by filing either a praecipe for writ of summons or a complaint with
the prothonotary. Attempts to commence actions by means other than those
allowed by Rule 1007 have consistently been rejected by the courts. Curtis
initiated this matter by filing a Petition for a Writ of Habeas Corpus. Thereafter,
the Court issued a rule to show cause. "The appellate courts of this
Commonwealth have repeatedly held that a rule to show cause is not a proper
substitute for original process except as authorized by statute." Com., Department
of Welfare v. Livingston, 349 A.2d 816, 818 (Pa. Cmwlth. 1976). No such
statutory authorization applies in this case. Hartman v. Peterson, 265 A.2d 127,
128 Pa. 1970 (courts have no power to make any order whatsoever if a matter is
not initiated in accordance with Rule 1007).
23
Prison Conditions Litigation-State PLRA
27. Should the Petition be so construed, then this lawsuit by a confined
state inmate constitutes "prison conditions litigation"S under Pennsylvania's Prison
Litigation Reform Act ("State PLRA"), Act of June 18, 1998, P.L. 640, No. 84,
42 Pa.C.S. ~~ 6601 et seq.
Mandatory pre-suit exhaustion of administrative remedies
28. An inmate filing "prison conditions litigation" in a Pennsylvania
Court, by virtue of Section 6603(a) State PLRA, 42 Pa.C.S. ~ 6603(a), is subject to
any federal or State exhaustion requirements.9
29. As previously discussed, the present federal exhaustion requirement
for civil rights actions brought by confined state inmates is specified in 42 U.S.C.
S "Prison conditions litigation" is defined by statute as:
"A civil proceeding arising in whole or in part under Federal or
State law with respect to the conditions of confinement or the
effects of actions by a government party on the life of an individual
confined in prison. The term includes an aPP'~al. The term does
not include criminal proceedings or habeas ,corpus proceedings
challenging the fact or duration of confinement in prison."
42 Pa.C.S. ~ 6601.
942 Pa.C.S. ~ 6603 (Limitations on remedies) provides:
(a) Limitations on remedies for Federal claims.--Prison
conditions litigation filed in or remanded to a court of this
Commonwealth alleging in whole or in part a violation of Federal
law shall be subject to any limitations on remedies established by
F ederallaw or Federal courts with respect to the Federal claims.. . . .
24
~ 1997e(a).1O It has been construed twice by the Untied States Supreme Court and
by various lower federal courts as:
a.) applying to all inmate suits about prison life and, where the
inmate "bypassed" the state grievance system by failing to file any pre-suit
grievance, his lawsuit is barred by the mandatory provisions of Section
1997e(a). Porterv. Nussle, 534 US. 516, 520 (2002);
b.) not being subject to a claim that exhaustion would be futile
because inmate believed the relief he sought in Court was not available in
the administrative process; Pennsylvania inmates may not merely file a
grievance and then file a lawsuit thereby instituting suit without completing
the final two steps of the DC-ADM 804 process. Booth v. Churner,
532US. 731, 741 (2001);
c.) establishing a "bright line rule" that requires inmate-plaintiffs
to exhaust all available administrative remedies. Nyhuis v. Reno, 204 F .3d
65,73 (3d Cir. 2000). Because this rule admits of no exceptions, it is simply
"beyond the power of[the] court...to excuse compliance with the exhaustion
requirement." Id., at 73. Porter, 534 US. at 524 ("The current exhaustion
provision differs markedly from its predecessor. Once within the discretion
of the district court, exhaustion...is now mandatory");
d.) including a procedural default component that is governed by
the applicable state prison grievance system and requires a Pennsylvania
inmate to comply with the procedural rules of DC-ADM 804. Spruill v.
Gillis, 372 F.3d 218,228-235 (3d Cir. 2004); and
e.) requiring all three levels of the DC..ADM 804 to be completed
pre-suit. Completion of the exhaustion of administrative remedy process
may not occur after a suit is filed. Ahmed v. Sromovski, 103 F.Supp.2d 838
(E.D. Pa. 2000).
1042 US.C. S 1997e(a)("Section 1 997e(a)"), reads:
No action shall be brought with respect to prison conditions under.
. . [42 US.C. S 1983], or any other Federal law, by a prisoner
confined in any jail, prison, or other correctional facility until such
administrative remedies as are available are exhausted.
25
30. To be sure there is a dispute as to whether exhaustion of
administrative remedies is a matter to be pleaded by the inmate or whether it is an
affirmative defense to be raised by the defendants. \ 1 Under the State PLRA,
however, dismissal of prison conditions litigation pursuant to Section 6602(e)(2) is
appropriate if, upon review, any of the four (4) enumerated alternative reasons
exist: 1.) Frivolous; 2.) Malicious; 3.) Fails to state a daim upon which relief may
be granted; or 4.) The defendant is entitled to assert a valid affirmative
defense, including immunity, which if asserted, woulld preclude the relief. The
Pennsylvania Supreme Court has recently upheld the constitutionality of Sections
6602(e) and (f) of the State PLRA. See Payne v. Department of Corrections, _
Pa. _' 871 A.2d 795, 811 (2005). Thus, whether exhaustion is or is not an
affirmative defense, the state PLRA permits dismissal at this stage of the
II For civil rights claims, some courts require an inmate to attach to the complaint
the administrative dispositions of the grievance procl~ss to avoid incomplete or
"fudging" of reports of complete exhaustion of each cllaim against each defendant
and to ensure that unexhausted claims are not masqueraded as "ripened" claims
when presented with issues that in fact were legally exhausted. Ct, Brown v.
Toombs, 139 F.3d 1102, 1104 (6th Cir. 1998), cert. denied, 525 U.S. 833 (1998)
(inmates must allege exhaustion and attach the administrative disposition to their
complaint). Other courts take a different position and neither require an inmate to
plead exhaustion nor attach grievances to the complaint. Ray v. Kertes, 285 F.3d
287 (3d Cir. 2002)(in notice pleading federal system exhaustion 'typically an
affirmative defense to be pled and proven by Defendants). When faced with an
interpretation of federal law and United States Supreme Court has not spoken,
Pennsylvania is not obligated to follow the decisions of Third Circuit on issues of
federal law. Hall v. Bd. of Probation and Parole, 851 A.2d 859, 863-65
(Pa. 2004)(Opinion Announcing Judgment of the Court)(collecting cases).
26
proceedings if Curtis either procedurally defaulted or did not comply pre-suit with
the mandatory exhaustion requirements.
31. F or reasons previously provided, the action should be dismissed
because some of the issues Curtis presents have neve:r been grieved, others were
grieved but not to finality before this action was brought, and some were only
initiated after this action was commenced.
No Prima Facie case under Section 1983
32. Even had Curtis complied with Section 1997e(a) before filing this
action, however, to establish a prima facie case under Section 1983 a Plaintiff must
plead and prove, inter alia, that he or she has been deprived of an established
federal statutory or constitutional right arising from D~derallaw. West v, Atkins,
487 US. 42, 48-57, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988). For the reasons
previously provided addressing the claims asserted by Curtis, because Curtis
cannot establish that he has been deprived of an established constitutional right
arising from federal law, he cannot establish a require:d element of a prima facie
Section 1983 claim on those matters. 12
12 Additionally, liability under Section 1983 is personal in nature and can only
follow personal involvement in the alleged wrongful conduct shown through
specific allegations of personal direction or of actual knowledge and
acquiescence. Robinson v. City of Pittsburgh, 120 F.3dl1286 (3d Cir. 1997)(citing
Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988)). Other than naming
the four (4) Respondents in the Caption of his Petition and identifying them as
Respondents, Curtis has failed to set forth any allegations against these
27
Procedural due process-SlVlU
33. There is, however, one additional matter that was not previously
addressed because administrative placement decisions are not cognizable in
habeas, namely, Curtis' claim that he was denied procedural due process when he
was transferred to the SMU because no hearing was (:onducted and his assertions
that the PRC reviews are not meaningful.
Before June 13,2005
34. Because "the Due Process Clause does not protect every change in the
conditions of confinement having a substantial adverse impact on [a] prisoner.. .,"
transfers from a medium security prison to a maximum security prison are "within
the normal limits of custody which conviction authorizes the state to impose."
Wilder v, Department of Corrections, 673 A.2d 30, 32 (Pa. Cmwlth.
1996)(bracketed material supplied), petition for allowance of appeal denied,
545 Pa. 673, 681 A.2d 1344 (1996)(citing Meachum v. Fano, 427 U.S. 215, 225,
96 S.Ct. 2532, 2538-39 (1976)); Chem v. Horn, 725 A.2d 226 (Pa. Cmwlth.
Respondents in his Petition which would indicate that they were personally
involved in any alleged violation of his constitutional rights. Merely occupying
positions of Secretary or as Superintendents at the prison and the mere contention
they were involved because they were in those capacities is insufficient; and,
without the requisite personal involvement an inmate cannot maintain an action
against them. Accordingly, the Respondents' Motion to Dismiss should be
granted.
28
1999)(inmate does not have protected liberty interest m remaining m general
population or in visitation rights).
35. Similarly, "only those regulations that impose atypical sanctions and
significant hardships when compared to the normal incidents of prison life
implicate the Constitution." Luckett v. Blaine, 850 A.2d 811, 820 (Pa. Cmwlth.
2004)(citing Sandin v. Conner, 515 US. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d
418 (1972)).
36. To determine whether an inmate has suff.:red "atypical and significant
hardship" as a result of his confinement, the Court must consider two factors:
"1) the amount of time the prisoner was placed in disciplinary segregation, and
2) whether the conditions of his confinement in disciplinary confinement were
significantly more restrictive than those imposed on other inmates in solitary
confinement." Shoats v, Horn, 213 F.3d 140, 144 (3d Cir. 2000)(citing Sandin,
515 U.S. at 486).
37. Because "[a] claim of indeterminacy is available to every inmate
placed in administrative custody without a pre-established release date[,] [t]o
accord procedural due process protection on that basis without more would be
inconsistent with Sandin's formulation...which is a retrospective inquiry. The
actual time spent in segregation must be the threshold consideration when the
29
duration itself is claimed to transgress a liberty interest." Johnson v. Vaughn,
2000 WL 1694029, at *2 (E.D. Pa., No. 00-cv-1844, filed Nov. 13,2000).
38. Curtis has been in the SMU since March, 2005, only a few months.
Although solitary confinement for eight years may raise due process concerns,
Shoats, 213 F.3d 140 (3d Cir. 2000), neither stays of fifteen months in
administrative custody, Griffin v. Vaughn, 112 F.3d 703, 708 (3d Cir. 1997) nor
seven months in disciplanary confinement, Smith v. M'ensinger, 293 F.3d 641, 654
(3d Cir. 2002) have been found to infringe a protected liberty interest for
Pennsylvania confined inmates. Thus, because Curtis cannot establish a protected
liberty interest, there is no need to reach the issue of whether he was given
sufficient procedural safeguards.
39. When addressing Sandin's second prong, however, "'Sandin does not
permit [a comparison of] the prisoner's own life before and after the deprivation.
Rather, ...the prisoner's liberties after the alleged deprivation [must be compared]
with the normal incidents of prison life'... The relevant inquiry is 'whether the
conditions of his confinement in [administrative] segregation were significantly
more restrictive than those imposed upon other inmat'~s in solitary confinement.'"
Johnson, 2000 WL 1694029, at *2, n. 7 (citations omitted, bracket material
supplied). Here, although Curtis has proferred a comparison of general prison
population with the SMU, he has not made any allegations that the conditions were
30
"significantly more restrictive than those imposed upon other inmates" in the
SMU. "As restrictive as [Curtis's] circumstances may be, they are, if anything,
better than those of the inmate in Griffin, and not comparable to the conditions in
Shoat.
[Accordingly,] Griffin requires denial [of Curtis's] Fourteenth
Amendement claims as a matter of law." Johnson, 2000 WL 1694029, at *2
(bracket material supplied).
After June 13,2005
40. On June 13, 2005, shortly after this Petition was filed, the United
States Supreme Court issued its decision on Ohio's supermax prison. Wilkinson v,
Austin, _ US. _' 125 S.Ct. 2384 (2005). The obvious question is whether
Wilkinson alters the pre-June 13, 2005 case law that provided that neither the
Fourteenth Amendment nor Departmental regulations provide Curtis with the
"protected liberty" interest he asserts as it relates to transfer to the SMU.
41. Because the SMU is not the state's supermax prison/3 there does not
appear to be a protected liberty interest to which procedural guarantees of the Due
Process Clause would attach and Wilkinson, even were it considered by retroactive
13 "The Department's maximum security housing is divided into three (3) different
leveled units: (1) Restricted Housing Unit (RHU); (2) Special Management Unit
(SMU); and (3) the LTSU ["Long Term Segregation Unit"]. LTSU is the most
restrictive; specifically, it is an area consisting of maximum security housing
coupled with extremely limited programming and privileges designed for high-risk
inmates." Iseley v, Beard, 841 A.2d 168, 170 n. 2 (Pa. Cmwlth. 2004)(bracketed
material supplied), appeal denied, 863 A.2d 1150 (Pa. 2004).
31
application to this matter, would not compel a hearing before Curtis' March 2005
transfer into the SMU.
Post July 8, 2005
42. Nevertheless, effective July 8, 2005, the Department has amended
DC-ADM 802, entitled "Administrative Custody," to provide an informal, non-
adversarial opportunity for inmates to either respond to or object to recommended
transfers to Special Housing Unit. See Exhibit "E." "The process afforded by state
law [however,] is not relevant in determining whether there is a state created right
that triggers due process protection." Griffin, 112 F.3d at 709 n. 3 (citation
omitted, bracketed material supplied); see also Wilkinson, 125 S.Ct. at 2394
(citation omitted)("[T]he touchstone of the inquiry into existence of a protected,
state-created liberty interest in avoiding restrictive conditions of confinement is not
the language of regulations regarding those conditions but the nature of those
conditions themselves 'in relation to the ordinary incidents of prison life"').
Because the SMU is not the "supermax" facility under discussion in Wilkinson,
whether the Department has now provided for an opportunity to Curtis to respond
to his placement in the SMU, with an appeals thereafter, does not demonstrate that
Curtis had procedural due process rights in March, 2005 when he was transferred
into the SMU
32
, .
43. And, with regard to Curtis' claim that the PRC reviews are not
meaningful, the Departmental Policy pertaining to Administrative Custody, DC-
ADM 802, the process of review offered for administrative confinement, has been
upheld and is explained in Shoats v. Horn, 213 F.3d 140, 144-146 (3d Cir. 2000).
Bitner, the Department's Chief Hearing Examiner, provides the Final Review of
appeals under that policy.
44. As Bitner explains in his Declaration (Exhibit C), however, Curtis has
never taken advantage of the opportunity to file an appeal to Final Review under
DC-ADM 802. Thus, Curtis has never exhausted to finality the decision to initially
place him in Administrative Custody or appealed to Bitner following any of the
PRC meetings.
WHEREFORE, the Petition for Writ of Habeas Corpus should be
DISMISSED without hearing.
Respectfully submitted,
Office of General Counsel
By:
-! v-!J
Timothy 1. k
Assistant Co sel
Attorney1.D. No. PA27758
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Attorney for Respondents
Dated: July 28, 2005
33
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., et at.,
Respondents.
CERTIFICATE OF SERVICE
I hereby certify that I am this day depositing in the U.S. mail a true and
correct copy of the foregoing Respondents' Motion to Dismiss Petition for Writ of
Habeas Corpus Without a Hearing upon the person(s) in the above-captioned
matter.
Service by first-class
Addressed as follows:
William Curtis, AM-8092
SCI -Camp Hill
P.O. Box 200
CampHill,PA 17001
Dated: July 28, 2005
Stacy Jarvi
Clerical Sup ism 2
Pennsylvania Department of Corrections
Office of Chief Counsel
55 Utley Drive
Camp Hill, PA 17011
(71 7) 731-0444
CJ
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., et at.,
Respondents.
EXHffiITS TO RESPONDENTS'
MOTION TO DISMISS WITHOUT A HEARING
Exhibit A: Unsworn Declaration ofIan Taggart, the Grievance Coordinator
at SCI-Camp Hill:
A-I: Grievance No. 114926. Claim pertaining to confiscation of
Curtis's eyeglasses at SMU on March 25, 2005;
A-2: Grievance No. 116163. Claim that C.O. 1 Huber made false
statements that Curtis had excessive books and shoes during a
personal property inventory on April 5, 2005;
A-3: Grievance No. 118128. Claim that documents received in the
mail on April 28, 2005 were damaged by staff removing
staples, i.e., the corners of pages were damaged;
A-4: Grievance No. 118415. Claim that there had been a refusal to
renew his skin lotion/medication;
A-5: Grievance No. 120269. Claim that C.O. 1 Huber would not
allow Curtis to keep more than the allowable (under DC-ADM
803) number of books in his cell;
A-6: Grievance No. 122350. Claim that SMlJ Handbook does not
furnish information on measures to be taken should there be a
fire.
1
Exhibit B: Unsworn Declaration of Tracy Pollock, who works in the
Secretary's Office of Inmate Grievances and Appeals
("SOIGA").
B-1: Curtis appeal to SOIGA on Grievance No. 114926;
B-2: Curtis appeal to SOIGA on Grievance No. 116163;
B-3: Curtis appeal to SOIGA on Grievance No. 118128.
Exhibit C: Unsworn Declaration of Robert S. Bitner, Chief Hearing
Officer for the Department.
Exhibit D: Unsworn Declaration of Robert 1. Marsh, Unit Manager for the
Special Housing Unit ("SMU") at SCI-Camp Hill.
Exhibit E: The Department's amended DC-ADM 802, entitled
"Administrative Custody," effective July 8, 2005, to provide an
informal, non-adversarial opportunity for inmates to either
respond to or object to recommended transfers to, inter alia, the
SMU.
Respectfully submitted,
Office of General Counsel
By:
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Timothy I' ark
Assistant nsel
Attorney 1.D. No. P A27758
Pennsylvania Department of
Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Attorney for Respondents
Date: July 28, 2005
2
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY BEARD, et al.,
Respondents.
UNSWORN DECLARATION OF IAN TAGGART
I, Ian W. Taggart declare under penalty of perjury that the following
facts are true and correct to the best of my knowledge:
1. I am the Assistant to the Superintendent at the State
Correctional Institution at Camp Hill, Pennsylvania ("SCI-Camp Hill") and
have been so employed since July 2001.
2. One of my job responsibilities as the Assistant to the
Superintendent is to serve as Grievance Coordinator at SCI-Camp Hill under
the Department's Administrative Directive DC-ADM 804 ("DC-ADM
804"), entitled "Inmate Grievance System.',1
I The Department's Administrative Directives are available on its web site,
<http://www.cor.state.pa.us>. I understand that Ms. Pollock will be
providing a copy of DC-ADM 804, effective January 3, 2005, as an
attachment to her Declaration so a copy has not been attached hereto.
1
3. Under the Department's Grievance System I am charged with
the responsibility for the overall administration of the Inmate Grievance
System at SCI-Camp Hill, which includes determining whether a grievance
was filed in compliance with the policy, as well as the data collection,
tracking, and statistical reporting of the grievances filed by the facility's
inmates. Additionally, I have access to the Department's Automated Inmate
Grievance Tracking System, which allows me access to a computerized
screen that displays all grievances filed by a particular inmate and records
whether a particular grievance has been fully exhausted by the inmate
through Step Three of the process, a decision from the Secretary's Office of
Inmate Grievances and Appeals ("SOIGA").
4. DC-ADM 804 provides a multi-step administrative grievance
appeal process that establishes procedures for the review of inmate
grievances to ensure that inmates have a formal avenue through which
resolution of specific problems encountered during their incarceration can be
sought. DC-ADM 804 is included in the Inmate Handbook distributed to
each inmate at reception, and is also available on the Department's website
and at each facility's library.
5. DC-ADM 804 establishes the procedur<es inmates must follow
to ensure review of their formal grievances. For example, the procedures an
2
inmate must follow for filing the Initial Grievance is established in Section
V1. A., pp. 4-5 and includes a requirement that the inmate must first file
grievances with their institution's Grievance Coordinator within 15 working
days after the event upon which the claim is based. (V1. A. 8, p. 5). If a
grievance is not rejected, I assign it to a Grievanc'~ Officer for investigation
and to provide an Initial Review Response. (VI. B. 1, pp. 5-7). If the
inmate is unsatisfied with the Initial Review Response at Step 1 provided by
the Grievance Officer, they are permitted to file an appeal of the decision
(Step 2) with the Institution's Facility Manager (Superintendent) by
following the Inmate Responsibilities section, which includes a requirement
that the appeal be filed within 10 working days from the date of the Initial
Review decision. (V1. C. 1 (b), pp. 7-9). Upon receiving a decision from
the Superintendent, inmates are permitted Final Review (Step 3) through the
Chief Grievance Coordinator at SOIGA by following the Inmate
Responsibilities section, which includes a requirement that the appeal be
filed within 15 working days from the date of the Facility Manager's
decision. (VI. D. 1 (b), pp. 9-12).
6. DC-ADM 804 also provides that in an appeal to the
Superintendent (Step 2) "[o]nly issues that were raised for Initial
Review...may be appealed...." (V1. C. 1 (c)). Similarly, in the Step Three
3
appeal to SOIGA, "[o]nly issues appealed to the Facility Manager may be
appealed...." (V1. D. 1 (b)).
7. Attorney Mark advised that this action was started on June 7,
2005 and provided me with a copy of the Petition filed by William Curtis,
AM-8092 ("Curtis"), in the above-captioned matter. I was requested to
check the Automated Inmate Grievance Tracking System and grievance
records, including rejected grievances, at SCI-Camp Hill to determine to
determine whether and to what extent Curtis filed inmate grievances.
8. I have researched the Automated Inmate Grievance Tracking
System and grievance records, including rejected grievances, from my office
and have determined that Curtis has filed six DC-ADM 804 grievances at
SCI-Camp Hill since he arrived on March 25,2005:
a.) No. 114926. Claim pertaining to confiscation of Curtis's
eyeglasses at SMU on March 25, 2005. (Ex. A-I). I have provided the
grievance (April 8, 2005), the Initial Review response (April 27, 2005), the
Appeal to the Superintendent (May 6, 2005), and the Superintendent's
Response (May 26, 2005);
b.) No. 116163. Claim that C.O. 1 Huber made false
statements that Curtis had excessive books and shoes during a personal
property inventory on April 5, 2005. (Ex. A-2). I have provided the
grievance (April 19, 2005), the Initial Review response (May 5, 2005), the
Appeal to the Superintendent (May 19, 2005), and the Superintendent's
Response (May 31, 2005);
c.) No. 118128. Claim that documents received in the mail on
April 28, 2005 were damaged by staff removing staples, i.e., the corners of
pages were damaged. (Ex. A-3). I have provided the grievance (May 13,
4
2005), the Initial Review response (May 26, 2005), the Appeal to the
Superintendent (June 3, 2005), and the Superintendent's Response (June 15,
2005);
d.) No. 118415. Claim that there had been a refusal to renew
his skin lotion/medication. (Ex. A-4). I have provided the grievance (May
23, 2005), the Initial Review response (June 3, 2005), the Appeal to the
Superintendent (June 17,2005), and the Superintendent's Response (July 7,
2005);
e.) No. 120269. Claim that C.O. I Huber would not allow
Curtis to keep more than the allowable (under DC-ADM 803) number of
books in his cell. (Ex. A-5). I have provided the grievance (June 12, 2005),
the Initial Review response (June 22, 2005), the Appeal to the
Superintendent (June 27,2005), and the Superintendent's Response (July 15,
2005);
f.) No. 122350. Claim that SMU Handbook does not furnish
information on measures to be taken should there be a fire. (Ex. A-6). I have
provided the grievance (June 28, 2005), which was filed three (3) weeks
after this lawsuit and the Initial Review response (July 15, 2005). As of the
date of this Declaration, no Appeal to the Superintendent has been filed.
9. If Curtis did not timely or compliantly either file a grievance
within 15 working days after the event upon whkh the claim is based or
appeal a grievance, it is now too late under Policy 804 for Curtis to rectify
any default as it would not be in compliance with the grievance process
outlined under Policy 804 and any administrative grievance or appeal filed at
this time would be rejected as untimely under the Inmate Grievance System.
5
10. Similarly, if Curtis timely or compliantly either filed a
grievance within 15 working days after the event upon which the claim is
based or appealed a grievance, if he instituted this lawsuit before a decision
was rendered by SOIGA then it is my understanding that he is not in
compliance with the mandatory exhaustion statute, 42 U.S.C. ~ 1997 e(a).
I, Ian Taggart, an Assistant for the Superintendent for the Department hereby
verify that the information contained herein is true and correct to the best of
my knowledge, information and belief. I make this verification subject to
the penalties under 18 Pa. C.S. ~ 4909, relating to unsworn falsifications to
authorities.
Executed this .2 f' day
of July, 2005
~~
Ian Taggart
Assistant to the Superintendent I
Grievance Coordinator
SCI-Camp Hill
6
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COMMONWI!ALTH OF PENN8YLVAI~IA
DEPARTMENT OF CORRECTION1S
P.O, BOX 598
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FOR OFFICIAL USE ONLY
1/1./9'2.&
GRIEVANCE NUMBER
TO: FACI~IEVANCE COORDINATOR
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FROM: (INMATE NA~E & NUMBER)
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WORK ASSIGNMENT:
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INSTRUCTIONS:
1 Refer to the DC-ADM 804 for procedures on the Inmate grievance l~ystem.
2, state your grievance in Block A In a brief and understandable menner.
3. List In Block B any actions you may have taken to resolve this matte'r. Be sure to Include the identity of slatl'
members you have contacted.
A. Provide a brief, clear statement of your grievance. Additional paper may be used, maximum two pages,
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Signature of Facility Grievance Coordinator
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DC-804 Revised
Part 2 December 2000
GRIEVANCE NO. 114926
To: (Inmate Name & DC No.) Facility
CURTIS, William AM-8092 scre
Housing Looation
E BLOCK
The following is a summary of my findings regarding your grievance:
Grievanoe Date:
04/08/2005
Speoifio items falling in the category of personal hygiene suoh Bll prescription eyeglasses arc generally permitted
unless a secwity concern is evident. Your glBllSes were composed entilrely or in part of metal. whioh is a security
conoern. Optometry has been contacted and will schedule a time to replace your glasses with a pair that does not
pose a threat to security.
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Robert J. Marsh, Jr. Unit Manager
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COMMONWEALTH OF PBNNSYL V ANlA
Department of CoaectioDl
Stale Correotional Institution at Camp Hill
Superintondellt'l Office
MIY 26, 2005
SUElIBCT:
Appeal to Superintendent
Grievance No. 114926
TO:
William Cm1ie, AM-8092
E.B1ocl::
~(jC~
Donald L. K61clUler
Superintendent
Receipt of)'_ Appell! to Suporintelldent ofOrlovanoe NQ, 114~6 ia oclcnowledged. In
preparins tbia fCIpOl1IO I haw reviewed your oriainal grlevaooe, the Grievance Ofti,,.,.'.
respon&e, and yom 8ppeII to this office.
FROM:
1 find Mr. MlInh', ....pone. appropriate II the practice of contiacatmg the il.... of
newly tnmsported SMU inmatca is appropriate II tho Medical Ocpar1mllllt, 1p4ci6cal.ly
the Optometry staffls contacted and replacement stua.. that =ply wilh the oecwit,y
concerna oflbe SMU are ordored and deliVCl'C<! to the ialrma. In duock:ini on this
situation you are SQbedulcd to be C800rted to the Optomollry elinic ill the Icccmcl week of
June. At 1hIa time you shall b"l1tted fur replaccmcot g1uaea. In the meantime If you arc
exJlCrienoiDM any dlfilculli... plwe sign up (or Sick Call,
AI thi. practice is cttablilhed in Department policy and you ,ball be issued a rep1acem=t
pair of gl......, I am considering thl. matter l:<IiQlved.
DLKliwt
cc: Deputy Bnamigen
Deputy Ditty
Deputy Patton
~on
Ms. Law
Mr. Mwh
Mr. Chamber!
Griavance Fne
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OMMONWEAL1H OF PENNSYLVANIA
DEPARtMENT OF CORRECTIONS
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CAM~ HILI-, f'A 17001-ollll8
FOR OFFICIAL USE ONLY
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GRIEVANCE NUMBER
FROM: (INMATE NAME & NUMBER)
v,filli/ltn CUP. ' A/Yt 9092-
WORK ASSIGNMENT:
FACiliTY:
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SIGNATURE of INMATE:
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HOUSING ASSIGNMENT:
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INSTRUCTIONS:
1 RefElr to the DC-ADM 804 for procedu(Els on the Inmate grievance system.
2, State your grievance in Block A In a brief and understal1dable manner,
3, List in Block B any actions you may have taken to resolve this matter. Ele sure to include the Identity of staff
member.. you have contllC.o.
A. ?rovide a brief. claar statement of your grievance. Additional paper may be used. maximum two pages.
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Your grievance has been received and will be proceaaed in accordance with DC-ADM 804,
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SUPT. !lC
EALTH OF PENNSYLVANIA
OF CORRECTIONS
P. BOX 598
L. PA. 17001
Revised
December 2000
DC-804
Part 2
,;"
MAY - 6 2!klP
116163 '
GRlEV ANCE NO.
To: (Inmate Name & DC No.) Facility
CURTIS, William AM-80n SeIe
Housing Location
E BLOCK
Grievance Date:
04/1912005
The following is a summary of my findings regarding your grievance:
Officer Huber conducted your initial inventory, and you were permitted to select what written materials
you wanted to retain in your cell in your equivalent of one standard sized records centar box of property.
If you did not select your financial informlltion, you would need to submit a request slip to the property
offioer to request a written material exchange. All written material exchanges IU"e equlIlamounts for
equal amounts. Exchanges will be a maximum of once every thirty (30) days.
DC ADM 803 Inmate Mail and Incoming pUblications limits inmates to 10 books (school or otherwise).
Therefore, you must ship or destroy any books in excess of this to-book limit.
You are permitted 3 pair of sneakers and 2 pair of boots/shoes in yo~1I' stored property. You have 3 pair
of shoeslboots currently, which is one pair in excess. Therefore, you must ship or destroy one pair of
shoeslboots.
It is the responsibility of each inmate to become familiar with the restrictions upon property permitted
for an inmate.
You will not have the opportunity to re-inventory your property until you are released to general
population and discrepancies will be handled at that time.
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Signature Of Griewmce Clfficc:r
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Print Name & Title of Grievance Officer
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BI~UNG ACCOUNU 10030461~'
NEW SALE INVOiCe' B005221 a82
OROER, 3ZQ03D
INVOICE 0.0. TE 0:!f26/2002
DU 41
~.o, il<lx 640779
St,Poul, MN 5518A..Q77S
JSTOM~R SERVICE: , /800/328-4880
)T pavmet'lt lnstrl.l~jOf'lI 'l'Id oontlc:t information I.. reverse
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SALES REPRESENTATIVE ORDER DATE I $HIP DATE DE~IV'RY # I PURCHASE ORDER'
02/2212002 02/28/2002 608479108 .
"A TER1AL "...O""TION OrY U TAX TOTA~
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"91"53 PA PRACTICE V3 AND 4 TORTS LAW AND ADVOCACY I 210.00 12.lSO 222.60 S
15347635 PA COURT RULES STATE PAM 1 23.00 1.3S 24.3B S
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THANK YOU TOTAL 418.68
RETURN SOTTOM PORTION WITH PAYMeNT
NEW SALE INVOIC",
VENDOR#
BILLING ACCOUNT#
AMOUNT DUE
"MOUNT ENCLOSED
8005221882
41-1428973
1003046131
416.58
loml046131
WILLIAM CURTIS #AM8092
SCI /IT SMITHFlELD
~o B,x 999
HUN1'INGDCN PA 18852
Weft Group Payment Cem.r
P.O, Bo. 6292
Carol ',ream, IL 80187..292
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P.O. Box 64779
St.P.ut. MN 66184.0770
BILUNG ACCOUNTot l\KlJ056748
NEW SALE INVOIClil 6012222724
OROERI 755304
INVOICE DATE 11/25/2002
TO
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For P8Ymfnt inlVUCtiOM and contact infonneUon .e. rtwra.
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PACK. 1 OF
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11/22/2002 11/28/2002 618:148126
MAI~l1IAl. ,~ QTY ~.&IA: TAX TOTAL
40120653 HARRISON PA FORMS FOR RULES OF CIVIl. PROCliDURE 1 144,60 8.87 153.11 S
lW!TTICI(I FULL SET
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THANK YOU TOTAL 153.17
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COMMONWEALTH OF PENNSYL V ANlA
Department of CotTections
State Correctional Institution at ClU1lp Hill
Superintendent's Office
MIlY 31,2005
SUBJECT:
Appeal to Superintendent
Grievance No. 116163
TO:
WillilU1l Curtis, AM-8092
E-Block
FROM:
4 -~~lL.j~
Donald L. Kelchner
Superintendent
Receipt of your Appeal to Superintendent of Grievance No. 116163 is acknowledged. In
preparing this response I have reviewed your original grlevanc:e, the Grievance Officer's
response, and your appeal to thi~ office.
In reviewing your appeal and Mr. Marsh's response I see you are somewhat confused in
that it was your own fault for not selecting your financial records as part of the one
records center box that you are permitted to retain in your cell SIB your property was
inventoried in front of you and you were given the opportunity 'to select the written
material you wanted to initially retain in your cell. As for the "reliable source" informing
you that your personal information was shared with others, without names or additional
information I will not give your statement any credence.
In closing I find that Officer Huber hllll correctly followed Department policy and that
your property Willi properly processed and that your appeal is denied.
DLK/iwt
00: Deputy Brannigan
Deputy Ditty
Deputy Patton
~ors
Mr. Marsh
Mr. Chambers
Grievance File
Central File
Our missiOfl. is to protect the public by confining persons committed to our cu.stody in safe, secure
facilities, and to provide opportunities for iIlmates to &equi1'e the skills and values necessary to
become proc1uctive law-abiding citizens; while respecting the rights of the victims.
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"OFFIC:lii.INMATI'-ORIEVANCE
TO: FACILITY GRIEVANCe COORDINATOR
. "'''' It"'(
FROM; (INMATE NAME & NUMBER)
. Cu~'ns AM 8092
WORK ASSIGNMENT:
COMMONWEALTH OF PENNSYLVANIA
DEPAFlTMENT OF CORRECTIONS
P,Q. BOX 598
C.uAP WILL. PA.47001.QSDR
~
GRIEVANCE NUMBER
as-
FACILITY: DATE/' /
c... -Ct~~,p 1-1 ' /I 5", 13 OS
SIGNATURE oJ INMATEi"'> ~'
LJJ.Jh~ LI.I#J.A.J
HOUSING ASSIGNM~T:
E. 67.. Itj
INSTRUCTIONS:
1 Refer to the DC-ADM 804 for procedures on the inmete grievance system,
2, Stele your grievance in Block A In a brief and underllltandable manner.
3, List in Block B any actions you may have taken to resolve this maUer, Be sure to include the Identity of staff
members you have contacted.
A. Provide a brief, clear statement of your grievance. Additional paper may be ueeO. maximum two peges.
. O/J .Af'ltil 2..8) 7..00~ :r. 1Lft:;(..~IVF<:.O A VAftllCTy of OO('lJM~","1f
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1$ IlJsf1-~n~-o IIJ TH(';' ,.,,,1I1l.00M. THIS. is A VIOIAT1ot-J or- ".(IX")
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B. Lisl actions taken and staff you hElve contacted, before Submitting this grievance.
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01'1 MI'4>~ 10 'My Ooc..Up..,(.:f.l1S A NO TT~IS II-lAPfl<:>R.'Il~ ~o(,~SS.
Your grievance has been received and will be procesS8d In accordance with DC-ADM 804.
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Signature of Faclllly GrievllTlce Coordinator Date
WHITE.. Facility Grievance Coordinator Copy CANARY.. File Copy PINK.. ActIon Return Copy GOLDENROD - Inmale Copy
Revised
December 2000
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DC-S04 COMMONWEALTH OF PENNSYL V AN1A Revised
Part 2 DEl' ARTMENT OF CORRECTIONS December 2000
P.O. BOX 598
CAMPHlLL.PA 17001
OFFICIAL INMATE GRIEVANCE
INITIAL REVIEW RESPONSE GRIEVANCE NO. 118128
To: (Inmate Name & DC No.) Facility
CURTIS, William AM-8092 sere
Housing Location
E BLOCK
Grievance Date;
05/1312005
The follbwing is a summary of my findings regarding your grievance:
The change in the distribution of mail, whioh is pennitted in accordance with Department polioies DC.
ADM-803, Inmate Mail and Incoming Publications as well as the D"P'utment policy 6.5.1, Administration
of Security Level 5 Housing Units, was brought about by the disoovery that an SMU inmate was using
Sl.llples for their unintendM purpose and this newly disoovered purpose posed a security risk to the operation
of the SMU. Therefore, as the safe and secure operation of the SMU is paramount, the decision was made to
inspect and remove staples from all mail entering the SMU. In the event incoming mail is considered
privileged as defined by .e DC-ADM.g03, then the mail shall be treated as such. As this new procedure
does not violate Department or facility policy or procedure, the practice shall not be stopped and this matter
is considered resolved. I'f/:c'g'---
Your request for compensation is denied. ',:: toI'f J..I(1.D
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Signature Of Grie~ce Officer
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Date:
05126/2005
Print Name & Title of Grievanoe Officer
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"Regular mail receive via the mailroom that has aheady been inspected for
contrabllnd. This mail be delivered to the inmate in the manner in which it is
received from the maUtoom. Unit Officers shall inspect ettch letter to ensure that
a filcility mail inspector stamp is on the letter indicating it '1iVIIll inspected in the
maiIroom. Letter that do not have the stamp shall be returned to the mailroom for
inspection. The Officer noting which correspondence was returned to the
maiJroom and why, sbal.l submit a written report to the Unit Manager. Business
Manager, Supervisor and Deputy Superintendents."
6.5.1(J)(6)(A)(6)
''The~ is no need to remove regular si~ staples from mail being dolivem:l to
inmates. This includes staples inserted into envelopes by the mai1room in the I1aSe
ofrcgul.ar correspondence. However, at no time shall L-S immltes have or be
given paperclips."
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S8,Lf8LL,L:XE~ IN:3aN31NI~3dnS JIJS
COMMONWEALTH OF PENNSYLVANIA
Department of Corrections ..
State Correctional Institution at Camp Hill
Superintendent's Office
June 15, 2005
SUBJECT: Appeal to Superintendent
Grievance No. 118128
TO: William Curtis, AM-8092
E-B1ock
FROM: ~~i~?1
Superintendent
Receipt of your Appeal to Superintendent of Grievance No. 118128 is acknowledged. In
preparing this response I have reviewed your original grievanCtl, the Grievance Offiper's
response, and your appeal to tbisoffice.
I frod Mr. Marsh's initial response appropriate as SMUinmates have demonstrated that
they could not ~e trusted to properly use items such as staples and a result, and in
accordance with Department policy, a change was made that staples would be removed
:from incoming mail and other documents being delivered.
As there is no right that you or other SMU inmates be permitted to receive ilnd use
staples and the newly implemented procedure does not violate Department policy or
procedure your a~peal is denied.
DLKliwt
cc: DeputyBrannigan
Deputy Ditty
Deputy Patton
Majors
Mr. Marsh
Mr. Chambers
Grievance Files 118128
C~1Y
\j
Our mission is to protect the public by confining persons committed to our CUlltody in safe, secure
. facilities, and to provide opportunities for iIimates to acquire the skills and values necessary to .
become productive law-abiding citizens; while respecting the rights of the victims.
." _.._-~_.~
~~rt 04 MAY 2 , 3m
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OFFICIAL INMATE GRIEVANCE
TO: FACILITY ,EVANCE COORDINATOR
m f\, ~ I Ar.:,Co~(t,,1
FROM: (INMATE NAME & NUMBER)
W/JliAM l,) n's AM-BOCf'l.
WORK ASSIGNMENT:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT Of CORReCTIONS
P.O. BOX 598
CAMP HILL, PA 1'1'001..0"'
_lf8'Ldp
GRIEVANCE NUMBER
FACILITY:
'c../-CArnP /-Ii t I
SIGNATU E (1 INMATE:
.. ~
HOUSING ASSIGNMENT:
r- 13z.. /8
DATE'
S-7231o~
INSTRUCTIONS:
1 Refer to the DC-ADM 604 for procedures on the inmate grievance 8,ystam.
2. state your grievance in Block A In a brief and und.ratandllble manner.
3, List In Block B any actions you may have taken 10 resolve this mattel", Be sure to Include the idenUty of staff
members you haVll contacted.
A. Provide II brief, clear statement of your grievance. Additional paper may be used, maximum two peges.
iHAl () iJ 7UIQ O""y tnA'LlO, '2..006') I wAS C/f,JIJf;..CE.SSIVU Iy
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B. List actions taken and staff you have contacted, before submitting this Glrl.vance.
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Your grievance hat been received and will be processed In accordance with DC-ADM 804.
241~ - #.,;~
Signature of acUity Grievance Coordinator Date
WHITE. Facility Grlevance Coordinator Copy CANARY. File Copy PINK. Action ReluI'n Copy GOLDENROD" Inmate Copy
Revised
December 2000
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DC-ADM 804, Inmat~ Grievance System
0<(-804 COMMONWEALTH OF PENNSYLVANIA
Part 2 DEPARTMENT OF CORRECTIONS
P.O, BOX 598
CAMP Hill, PA 17001
Attachment B
OFFICIAL INMATE GRIEVANCE
INITIAL REVIEW RESPONSE
118415
GRIEVANCE NO,
TO: (Inmate Name & DC No,)
FACILITY
HOUSING LOCATION
SMU
GRIEVANCE DATE
CURTIS WILLIAM AM-8092 CI Cam Hill
The following is a summary of my findings regarding your griev'ance:
5-23-05
M" Curtis,
A review of your medical record indicates that the Physician Assistant determined that your complaint of "dry skin" does
not necessitate any treatment or medical intervention at this time, PA Newfield is a licensed practitioner and as such, is
capable of determining if you current skin condition requires medical intervention,
Appropriate medical care is provided to every inmate regardless of their hOLlsing status, Casual ordering of lotions or
medications is not appropriate in any setting,
There is no evidence of neglect or intent to deny medicaliy needed treatment or medication,
J, Loweli RNS
ReflHTM
Cc: Superintendent Kelchner
Deputies
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AL INMATE GRIEVANCE
TO: FACILITY GRIEVANCE COOROINATOR
. ~A,(.
FROM: (INMATE NAMil & NUMBER)
'v.J" LuP-Tis M 90Q"Z.
WORK ASSIGNMENT:
COMMONWEALTH 01' PENN8YLVANIA
DEPARTMENT OF eORFtE!CTIONS
P.O. BOX 598
CAMP HILL. PA 1700i-05118
FACILITY: DATE)
Sc.J-(AfhP J 6112/0S-
SI~T~
HOUSING ASS\l3NMENT:
F-1-'7-/8
INSTRUCTIONS:
1 Refer to the DC-ADM 804 for procedures on the Inmate grievance system.
2, State your grievance in Ellook A In e brief end understandable manner,
3, List in Block B any actions you may have taken to resolve this malter. Be sure to Include the identity of staff
members you have contacted.
A. Provide a brief, clear statement of your grievance, Additional paper may be used, maximum two pages,
ON /TI,.,y 2,l:f1 ~ooo; CO HUSf-.1l.J \I/"/A'fi;...P 1- fA. C.S,A.H90J \Va~03 A/J() F
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B. List actions taken and staff you have contacted. before submitting this grievance.
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P/U/ltc. ~"r..:s.s, fly Rcq>(Jf,;~ r hJ(I."""
Your grievance has been recel'ie<l ana WRI be proce88ec11n accordance with OC;-ADM 604.
L Ill. <J
Signature of Facility Grievance Coordln8lor
.tI~
Dale
WHITE - FaclHty Grievance Coordinator Copy CANARY - 1'lIe Copy PINK. Action Return Copy OOLDENROO. Inmal:El Copy
Revised
December 2000
fO'd Vf:8 SOO~ L~ un[ S8'Lf8LL!L:XP~ lN3aN31NI~3dnS JIJS
,
DC.804 COMMONWEALTH OF PBNNSYLV ANIA Revised
Part 2 DEPARTMENT OF CORRECTIONS December 2000
P.O. BOX 598
CAMP Hl1.L. PA. 17001
OFFICIAL INMATE GRIEVANCE
INITIAL REVmW RESPONSE GRIEVANCE NO. 120269
To: (Inmate Name & DC No.) Facility
CURTIS. William AM.8092 sere
Housing Location
E BLOCK
Grievance Date:
0611212005
The following is a summary of my fmdings regarding your grievance:
I reviewed the materials in question and based on your own citation from Webster's dictionary,
these materials are a set of sheets bound by a staple into a v(llume. Therefore, Officer Huber
correctly identified the materials as books. You may send a request slip to the Property
Officer end ask to make an exchange, equal amounts for equl~l amounts, of written material if
you wish to retain these books in your cell. These books will c;ount toward the 10-book limit
established by DC ADM 803. If you already have 10 books in your cell, you must turn tn a
book to receive a book and then indicate a disposition, ship or destroy, for any books In
excess of the 10-book limit. You could have done this during your last written material
exchange that occurred on May 29. 2005 but you neglected to do so. Mr. Curtis, it is the
responsibility of each Inmate to become familiar with the restrictions upon property permitted
for an Inmete.
",',,'f
~Ul-l :23 2005
Aefen-sd
a.; ~e(IY'l4-enJM4- V,deJ,nt'r
bepu.-t. es
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r7'1r. ~bers
G-(\e.~V)te t\ \e, 120%A
be- L5"'
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Robert J. Mat'lIh, Jr. Unit Manager
Signatwe OtGrie
~
eo Officer
Print Name & Title of Grievance Officer
"
Date:
06/2212005
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SUBJECT:
COMMONWEALTH OF PENNSYL VANIA
Department of Corrections
State Correctional Institution at Camp Hill
Superintendent's Office
July 15,2005
Appeal tll Superintendent COMMONWEALTH OF PENNSYL VANIA
Grievance No. 120269
TO:
William Curtis, AM-8092
E-Block
FROM:
~L,/~
Donald L. Kelchner
Superintendent
Receipt of your Appeal to Superintendent of Grievance No. 120269 .is acknowledged. In
preparing this response I have reviewed your original grievance, the Grievance Officer's
response, and your appeal to this office.
In preparing this response I reviewed the DC-ADM-803, Inmate Mail and Incoming Publication
policy and the definition of a "Publication" is the following:
Q. P~b1ications
Printed material that is circulated among the public for conveying information. This includes
newspapers, magazines, hardcover or paperback books, pamphlets and newsletters, regardless of
Postal Rate, that are not specifically intended for the purpose of advertising or selling
merchandise.
Therefore based on this defmition the material in question is considered written material and
therefore the Property Officer was correct in confiscating these items as the Department policy
6,5,1 Administration of Security LevelS Housing Units and the DC-ADM-803-1 are specific in
the amount of written materials or publications an inmate housed in a Set:urity levelS Housing
Unit, such as the SMU, mayhave in their cell or personalproperty.
In closing as the Property Officer was correct in his actions and Mr. Marsh's response was
appropriate and you were provided with the proper instructions on what ntleds to occur with the
written material in question, your appeal is denied.
DLK/iwt
cc: Deputy Brannigan
Deputy Ditty
Deputy Patton
Mr. Marsh
Mr. Chambers
Central File
Grievance File
DC-IS
File
.
Our mission is to protect the public by confining persons committed to our custody in safe, secure facilities,
and to provide opportunities for inmates to acquire the skills and values necessary to become productive
law-abiding citizens; while respecting the rights of the victims.
. ,
, :~~t:~l~t.:~.':
D 8014
Pa l' iM;'-52OO5
,. COMMONWEALTH OF PENNSYLVANIA
DEPARTME!'IT OF CORRECTIONS
, P,O. BOX 59B
CAMP HILL, PA 17001-0598
')
, ,
1.:J.2.~O
GRIEVANCE NUMBER
OF ~~tE~RIEVANCE
TO: FACILITY GRIEVANCE COORDINATOR
Po. ;;;;r..,~AI-I
FROM: (INMATE NAME & NUMBER)
'vv,'I!IA CU/LT/S AM 9Dy'2...
WORK ASSIGNMENT:
FACILITY: DATE:
L/I/Y1Pl-Illf 6/'2..8106
SIGNATURE of INMAT.J;j , .
i, ~
HOUSING ASSIGNMENT:
fE- 13 ',?,- J [3
INSTRUCTIONS:
1 Refer to the DC-ADM 804 for procedures on the inmate grievance system,
2, State your grievance in Block A in a brief and understandable manner,
3, List in Block B any actions you may have taken to resolve this malter, Be sure to include the identity of staff
members you have' contacted.
A. P,ovide a brief, clear statement of your grievance, Additional pape' may be used. maximum two pages.
THill THF- Dr.:.FAfLlht::...f..J1 of Cofl..lJ<...c.TJOf,.J:, I/Sflf'l=.ttAL hA}.JA("ktnr.::.kJt
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B. List actions taken and staff you have contacted. before submitting. this grievance.
I... lJ.Jfbll-h~D (11..;11 fnA/-.JAroU-_ NA/LsJf, /3"1 FoILI-> DC-/SY,
A136vl n{~ fJOJ..J-r:I/l...fC=. PlLooH/JCo Or:: (F:-) !{OUJ/I.JCo u/Jlr
Your grievance has been received and will be processed in accordance with DC-ADM 804, '
~f!.. u <~ ~.. ?~j5
Signature of Facility Grievance Coordinator Date
WHITE - Facility G,ievance Coordinator Copy CANARY - File Copy PINK.. Action Hetum Copy GOLDENROD.. Inmate Copy
Revised
oc.ADM 8lM, InnIIdII Grtevance 8yIItam Attachment B
cc-804 COMMONWEAL. TH OF PENNSYLVANIA' ReYIsed
Pelt 2 DePARTMeNT OF CORRI!CTIONS DeCelIlDel' 2000
P.O. 80X 5gei .
Co'IMI" HIU... 1"'" 11001
OFFIClAl.lNMATE GRievANCE
INITIAl REVIEW ReSPONSE
1223llO
GRIEVANCE NO.
0: (Inmate Nlme
No. FACIL
ION
Curtis. WiHiam - AM8062 SCI-Canp HiU
E-BIack
8128105
The following is a summary of my findings regarding your grievance:
The exits meet all of the requirements of life and safety codes and are approved by the
Department of Labor and Industry.
Fire drills are conducted each quarter and in the event of any fife in this block. staff will
remove the inmate from the affected cell after properly being restrained. Fire drills are
simulated due to the security issues.
There are 8ITIple fire extinguishers in the housing unit and staff have access to them, Fire
extinguishers are not on the Pods due to security issues.
All other conoems on the grievance comply with the life and Safety Codes and Department
of Labor and Industry Standards.
!'ECE1VlW
lIU4'!
I hereby considered this grievance resolved.
iJUL 1 8 '2.005
". /I'
-
cc: Superintendent Kelchner
Deputy Brannigan
Deputy Patton
Deputy DItty
Maier Sunday
Major Cole
Mr, Marsh - E-8Ik Unit Manager
Reoords OffIce
Mr. Teggart
File
lint Name end 1'1118 of on-nce 0IlI(:8r
II_nee omcer
Scott Fair
Institution Safety Manager
-<,{,.II G-~
July 15. 2005
W'd
ss:Ot soo~ t~ In[
S8tL~8LLtL:XE~ IN~mN31NI~3dnS )I)S
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY BEARD, et al.,
Respondents.
UNSWORN DECLARATION OF TRACY POLLOCK
I, Tracy Pollock, hereby declare under penalty of perjury that the
following statements are true and correct based upon my personal
knowledge and belief:
1. I am an Administrative Officer 2 for the Pennsylvania
Department of Corrections ("Department") located in the Secretary's
Office of Inmate Grievances and Appeals ("SOlGA") at Camp Hill,
Pennsylvania since July 2004.
2. SOlGA handles the Final Review of inmate grievances, the
third and final step of the administrative grievance system set forth in
DC-ADM 804, entitled "Inmate Grievance System" ("DC-ADM 804").
3. One of the responsibilities ofSOlGA is to maintain a record in
the Automated Inmate Grievance Tracking System that tracks the
grievances filed by any inmate at any of the Department's facilities-
statewide together with all the appeals and responses to those grievances
at all three steps of the process.
1
4. Attorney Mark advised that this action was started on June 7,
2005 and he requested that I check the Automated Inmate Grievance
Tracking System and grievance records, including rejected grievances, at
SOIGA to determine to determine whether William Curtis, AM-8092
("Curtis") filed inmate grievances and to what extent, if any, he timely and
compliantly filed appeals to SOIGA.
5. I have researched the Automated Inmate Grievance Tracking
System and grievance records from my office and have determined that
Curtis has filed six DC-ADM 804 grievances filed by Curtis at SCI-Camp
Hill since he arrived on March 25,2005:
a.) No. 114926. Claim pertaining to confiscation of Curtis's
eyeglasses at SMU on March 25, 2005. Curtis filed this action before
completing the exhaustion of his administrative remedies because Curtis's
Step Three appeal to Final Review to SOIGA was received by here on June
10, 2005, three days after this action was filed. (Ex. B-1);
b.) No. 116163. Claim that C.O. 1 Huber made false
statements that Curtis had excessive books and shoes during a personal
property inventory on April 5, 2005. Curtis filed this action before
completing the exhaustion of his administrative remedies because Curtis's
Step Three appeal to Final Review to SOIGA was dated June 14,2005 and
received by here on June 16, 2005, nine (9) days after this action was filed.
(Ex. B-2);
c.) No. 118128. Claim that documents received in the mail on
April 28, 2005 were damaged by staff removing staples, i.e., the corners of
pages were damaged. Curtis filed this action before completing the
exhaustion of his administrative remedies because Curtis's Step Three
appeal to Final Review to SOIGA was dated June 21, 2005 and received by
2
here on June 27, 2005, twenty (20) days after this action was filed. (Ex. Boo
3);
d.) No. 118415. As of the date of this Declaration, SOIGA
has not yet docketed a Step Three appeal of this grievance from Curtis and it
appears that Curtis's Step 2 appeal happened ten (10) days after the suit was
filed;
e.) No. 120269. As of the date of this Declaration SOIGA
has not yet docketed a Step Three appeal of this grievance from Curtis and it
appears that the grievance was filed after the suit was filed;
f.) No. 122350. As of the date of this Declaration SOIGA
has not yet docketed a Step Three appeal of this grievance from Curtis and it
appears that the grievance was filed after the suit was filed.
6. If Curtis did not timely or compliantly either file a grievance
within 15 working days after the event upon which the claim is based or
appeal a grievance, it is now too late under Policy 804 for Curtis to rectify
any default as it would not be in compliance with the grievance process
outlined under Policy 804 and any administrative grievance or appeal filed at
this time would be rejected as untimely under the Inmate Grievance System.
7. Similarly, if Curtis timely or compliantly either filed a
grievance within 15 working days after the event upon which the claim is
based or appealed a grievance, if he instituted this lawsuit before a decision
was rendered by SOIGA then it is my understanding that he is not in
compliance with the mandatory exhaustion statute, 42 U.S.C. S 1997 e(a).
3
I, Tracy Pollock, an Administrative Officer 2 for the Department hereby
verify that the information contained herein is true and correct to the best
of my knowledge, information and belief. I make this verification
subject to the penalties under 18 Pa. C.S. S 4909, relating to unsworn
falsifications to authorities.
Executed this 2ft day
of July, 2005
S~1~
Tracy Pollock
Administrative Officer 2
Secretary's Office of Inmate
Grievances and Appeals
Departmen1t of Corrections
4
SecretalY's Office
Inmate Grievances & Aopeals
JUN.10200S
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TO: FACIL~IEVANCE COORDINATOR
- / /'cG,G^/!....r~
FROM: (INMATE NAME & NUMBER) .
'v/ , 'At-, CUt...lIs A/v1 909'L
WORK ASSIGNMENT:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
P,O. BOX 598
CAMP HILL, PA 17001-(lS98
FOR OFFICIAL USE ONLY
//'/72h
,
GRIEVANCE NUMBER
y. Z7 o~
FACILITY:
S C / -CAJ-,P I! I
SIGNATURE f INMATE:
[d'
HOUSING ASSIGNMENT:
r-:. /3 1- .- / 8
DATE: '
Lf, 8 ( 0':)
,,'
INSTRUCTIONS:
1 Refer to the DC-ADM 804 for procedures on the inmate grievElnce system,
2, State your grievance in Block A in a brief and understandable manner. '
3, List in Block B any actions you may have taken to resolve this matter, Be sure to include the identity of staff
. members you have contacted.
A. Provide a brief, clear statement of your grievance. Additional paper may be used, maximum two pages,
Ar 6/l. I\.fl.ou/VO NlI\Il.c.H 2.~ '2-ooo;T.. wAS IIJFOn.tf\F-C"lilAI.L c.ovlD 1-'0. HAVE IT1Y
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B. List actions taken and staff you have contacted, befo,e submitting this grievance.
1.. IIJ FO/L;"';-:..D U)Jll MAMAGE..r1. t0AIDJ..I; A/3Ou r LHI30
/fJ A Pr?OflIA lfC:... floC:.t::.:ss, (
Your grievance has been receivel'..and will be processed in accordance with DC-ADM 804.
L~ <:"~-
Signature of Facility Grievance Coordinator
7j/;J~
Date
WHITE - Facility Grievance Coordinator Copy CANARY - File Copy PINK - Action Return CoPY GOLDENROD _ Inmate Copy
RECEIVED
SUPT. sere
COMMONW AlirHOF PENNS
MAY -I}l3.~~ NT OF CORREC
W}\,O BY 598
PA. 17001
OFFICIAL f_'.'~d!Cll
INITIAL REVIEW RESPONS G
DC-804
Part 2
B n.:;:;:::,OOO
~ AN E NO, 114926
To: (Inmate Name & DC No.)
CURTIS, William AM-8092
Facility
SCIe
Housing Location
E BLOCK
Grievance Date:
04/08/2005
The following is a summary of my [mdings regarding your grievance:
Specific items falling in the category of personal hygiene such as prescription eyeglasses are generally pennitted
unless a security concern is evident. Your glasses were composed entirely or in part of metal, which is a security
concern. Optometry has been contacted and will schedule a time to replace your glasses with a pair that does not
pose a threat to security.
,
.
oU: ~/~
~~
~
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Print Name & Title of Grievance Officer
Robert J. Marsh, Jr. Unit Man~,ger
Signature Of G1'ievance Officir
? .
Date:
04/27/2005
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COMMONWEALTH OF PENNSYLVANIA
Department of Corrections
State Correctional Institution at Camp Hill
Superintendent's Office
May 26, 2005
SUBJECT:
Appeal to Superintendent
Grievance No. 114926
TO:
William Curtis, AM-8092
E-Block
FROM:
{}n~ (r/~_
Donald L. Kelchner
Superintendent
Receipt of your Appeal to Superintendent of Grievance No. 114926 is acknowledged. In
preparing this response I have reviewed your original grievance, the Grievance Officer's
response, and your appeal to this office. '
I find Mr. Marsh's response appropriate as the practice: of confiscating the glasses of
newly transported SMU, inmates is appropriate as the Medical Department, specifically
the Optometry staff is contacted and replacement glasses that comply with the security
concerns of the SMU are ordered and delivered to the inmate. In checking on this .
situation you are scheduled to be escorted to the Optometry clinic in the second week of
June. At this time you shall be fitted for replacement glasses. In the meantime if you are
experiencing any difficulties please sign up for Sick Call. .
As this practice is established in Department policy and you shall be issued a replacement
pair of glasses, I am considering this matter resolved.
DLKJiwt
cc: Deputy Brannigan
Deputy Ditty
Deputy Patton
Majors
Ms. Law
Mr. Marsh
Mr. Chambers
Grievance File
Central File
, r ;-"'\. .
""',:1
Our mission is to prot public by .clw..~'lrsons co=itted to our custody in safe, secure facilities,
and to provide opportunities for inmat' *~ the skills and values necessary to become productive
law-abiding citizens; ~specting the rights of the victims,
. ~
New Sale Invoice
THOMSON
ltc ~~
\NEST
P.O. eo. 64779
St. Paul, MN 55164.0779
BILLING ACCOUNT#
NEW SALE INVOICE#
ORDER#
INVOICE DATE
AMOUNT .DUE
1003056768
6012222724
755304
11/25/2002
163.17
CUSTOMER SERVICE: 11800/32B.4880
For payment instructions end contact information see reverse
07
PAQE 1 OF
SALES REPRESENT A TIVE IORDER DA TET SHIP DATE DELIVERY # I PURCHASE ORDER#
11/22/2002 11/26/2002 618346125
fo4ATERIAL DESCRIPTION QTY ~,,~g. TAX TOTAL
40120653 . HARRISON PA FORMS FOR RULES OF CIVIL PROCEDURE 1 144.50 8.67 153.175
(WETTICK) FULL SET
.-
I I
,
.
I.
THANK YOU TOTAL 163.17
New Sale Invoice
...
. ~~~s~~?,~
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'" \
\
1
P,O, Box 64779
St.Psul, MN 55164-0779
BILLING ACCOUNTiI
NEW SALE INVOICI:#
OROER#
INVOICE DATE
AMOUNT DUE
1003046131
60052216B2
320038
02/26/2002
416,58
;USTOMER ~ERVlq: 1/800/328-4889 ,
:or payment instructIons and contact InformatIon see reverse
07
PAGE 1 OF
SALES REPRESENTATIVE IORDER DAT~ SHIP DATE DELIVERY # I PURCHASE ORDER#
02/22/2002 02/26/2002 608479106
MATERIAL DESCRIPTION OTY UNIT TAX TOTAL
PRICE
20032285 PA PRACTICE V2CRIMINAL PROCEDURE 1 160,00 9,60 169.60S,
11911153 PA PRACTICE V3 AND 4 TORTS LAW AND ADVOCACY 1 210.00 12,60 222,60 S
15347635 PA COURT RULES STATE PAM 1 23,00 1,38 24,38 S
,
,
-
THANK YOU TOTAL 416,58
RETURN BOTTOM PORTION, WiTH PAYMENT
NEW SALE INVOICE# 6005221682
VENDOR# 41-1426973
BILLING ACCOUNT# 1003046131
AMOUNT DUE 416.58
AMOUNT ENCLOSED
1003046131
WILLIAM CURTIS #AM8092
SCI AT SMITHFIELD
PO Box 999
HUNTINGDON PA 16652
West Group Payment Center
P,Q. Box 6292
Ca,ol St'.sm. IL 60197-6292
-
. -~~._- -
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New Sale Invoice
'.A '
. ~~~s~~?p~
.\\.
\
I
v'\
\
(.
BILLING ACCOUNT#
NEW SALE INVOICE,'
ORDER#
INVOICE DATE
AMOUNT nUE
1003046131
6005221682
320038
02/26/2002
416,58
P.O, Box 64779
St,Paul, MN 55164-0779
:USTOMER SERVIC~: 1/800/328-4869 .
:or payment instructIons and contact tnformat1on see reverse
07
PAGE I OF
SALES REPRESENTATIVE IORDER DATE I SHIP DATE OELIVERY # I PURCHASE ORDER#
02/22/2002 02/26/2002 608479106
MATERIAL DESCRIPTION ':lTY UNIT TAX TOTAL
PRICE
20032285 PA PRACTICE V2 CRIMINAL PROCEDURE 1 160.00 9,60 169,60 S
11911153 PA PRACTICE V3 AND 4 TORTS LAW AND ADVOCACY 1 210.00 12.60 222.60 S
15347635 PA COURT RULES STATE PAM 1 23,00 1.38 24.38 S
..
-
.
THANK YOU TOTAL 416.58
RETURN BOTTOM PORTION WITH PAYMENT
NEW SALE INVOICE#
VENDOR#
BILLING ACCOUNT#
AMOUNT DUE
AMOUNT ENCLOSEO
6oo52216B2
. 41-142B973
1003046131
416.58
1003046131
WILLIAM CURTIS #AM8092
SCI AT SMITHFIELD
PO Box 999
HUNTINGDON PA 16652
West GrQUp Payment Center
P.O. Box 6292
Carol Stream. Il 60197.6292
"
, '
. ----
9141
f-'"f(Uf,11 (; )
.______. __ ____________________~... _.............__1 ..,...111 r'lr"'lI"\r"\h"I"" ""," ..n,.,..,nl".,.." ~
New Sale Invoice
THOMSON.
* ~
WEST
P,O. Box 64779
St.Poul. MN 65164-0779
BILLING ACCOUNT# 1003056768
NEW SALE INVOICE;' 6012222724
ORDER' 755304
INVOICE DATE 1112512002
A"OUNT DU. 153.17..
CUSTOMER SERVICE: 1/800/328-4880 .
for payment lnstruc::tior\S end contact information see reverse
07
F'AOE 1 OF
SALES REPRESENTATIVE IORDER DATE I SHIP DATE DELIVERY I I PURCHASE ORDERI
11/22/2002 11/2512002 618346125
MATERIAL DESCRIPTION ,QTY ~R~!1 TAX TOTAL
P IC
40120653 HARRISON PA FORMS FOR RULES OF CIVIL PROCEDURE 1 144.50 8,67 153,17 S
(WETTICKI FULL SET
,-
,
.
.
.
THANK YOU TOTAL 153,17
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OMMONWEALTH OF PENNSYl.VANIA
DEPARTMENT OF CORRECTIONS
P.O. BOX 598
CAMP HILL, PA 17001-05911
FOR OFFICIAL USE ONLY
1//:;/ to_~
GRIEVANCE NUMBER
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,
A
FROM: (INMATE NAME & NUMBER)
\..kl/l",,", LUP.77S A/YI
WORK ASSIGNMENT:
9092.
FACILITY: 0 :fE:
SGH:~",P-Uill 'f !l9/DS' .
SIGNATURE of INMATE:
&.ulJ.J.~ ~
HOUSING A:3SIGNMENT:
);./3:'1..-/8
INSTRUCTIONS:
1 Refer to the ,?C-ADM804 for p,ocedures on the inmate grievancE' system
2, S~at~ your gnevance In Block A in a brief and understandable manner '
3, ~~~:;~~~~ :;~ea~~~~~r:d~ may have taken to resolve this malter, 'Be sure to include the identity of staff
A. Provide a brief, clear statement of your grievance, Additional paper may be used maximum tw
o 0 I _ . 0' . . ,0 pages.
r.; /oJ /'<I"R..J (5) 2.006, . 0/l../"''''' T{-IE.. ij..j\l(./..lIOlty 01.o<.(:--O\>I1.G I WAS lJE;v/f=fL
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f-/AVc::' r--'{ I-DJ..JAl.Ju~<"'-11-> f::Y:JI-I"~r-IOJ..J'c P A/.J(.) BAN!u/.J(" l4',:;c0fltJ..:t:-liAV~L,A. w Rook
fl-"i'" !h~rs. AN AT fX..-N,-t.I,A f..J(j. A G,(;'S:B...l..:'1 NDf3i nlk /y1AO'SO!J I3AJi::;r;I"ro, q7-
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B. List actions ~ken and staff you have contacted. be(o,e submitting this grievance,
::z:,., 'vvA-Olr"" /I'lA.., Hvf.lU-jD ~Vr..:M L !//c--(fJV!I:l( fbA-i-J Ai30ut nUS os I [(;A liof,,;,
Your grievance has been received and will be processed in accordance with DC..ADM 804
,K. U ~y4A{
Signature of Facility Grievance Coordinator 7
Date
::~s:~ Facilily Grievance Coordinator Copy CANARY.. File Copy PINK.. Action Return Copy GOLDENROD - Inmate Copy
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RECEIVED
SUPT. SCIC
OFFICIAL
INITIAL RE
RIEV ANCE
Revised
December 2000
De~804
Part 2
M
WW - 6 2da~P
116163
To: (Inmate Name & DC No,)
CURTIS, William AM-80'l2
Facility
sere
Grievance Date:
04/19/2005
The following is a summary of my findings regarding your grievance:
Officer Huber conducted your initial inventory, and you were pennitted toselect what written materials
you wanted to retain in your cell in your equivalent of one standard sized records center box ofproperty.
If you did not select your financial information, you would need to submit a request slip to the property
officer to request a written material exchange. All written material exchanges are equal amounts for
equal amounts, Exchang~s will be a maximum of once every thirty (30) days,
DC ADM 803 Inmate Mail and Incoming publications limits inmates to 10 books (school or otherwise),
Therefore, you must ship or destroy any books in excess of this 10-book limit.
You are permitted 3 pair of sneakers and 2 pair of boots/shoes in your stored property. You have 3 pair
of shoes/boots currently, which is one pair in excess. Therefore, you must ship or destroy one pair of
shoes/boots,
It is the responsibility of each inmate to become familiar with the restrictions upon property permitted
for an inmate.
You will not have the opportunity to re-inventory your property lmtil you are released to general
population and discrepancies will be handled at that time.
.u...~/~
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~~
Robert 1. Marsh, Jr. Unit Manager
Signature Of Grie ce Officer
'$ ~;;L
Date: .
05/05/2005
Print Name & Title of Grievance Officer
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COMMONWEALTH OF PENNSYLVANIA
Department of Corrections
State Correctional Institution at Camp Hill
Superintendent's Office
May 31,2005
SUBJECT:
Appeal to Superintendent
Grievance~o. 116163
TO:
William Curtis, AM-8092
E-B10ck
FROM:
.~L,./~-
Donald L. Kelchner
Superintendent
Receipt of your Appeal to SuperintendentofGrievance ~o. 116163 is acknowledged. In
preparing this response I have reviewed your original grievance, the Grievance Officer's
response, and your appeal to this office.
In reviewing your appeal and Mr. Marsh's response I sell you are somewhat confused in
. that it was your own fault for not selecting your financial records as part of the one
records center box that you are pennitted to retain in your cell as your property was
inventoried in front of you and you were given the oppoztunity to select the written
material you wanted to initially retain in your cell. AI; for the "reliable source" informing
you that your personal information was shared with others, without names or additional
information I will not give your statement any credence.
In closing I find that Officer Huber has correctly followed Department policy and that
your property was properly processed and that your appeal is denied.
DLKJiwt
cc: Deputy Brannigan
Deputy Ditty
Deputy Patton
Majors
Mr. Marsh
Mr. Chambers
Grievance File
Central F He
Our missioIl- is to protect the public by confining persons committed to our custody in safe, secure
facilities, and to provide opportunities for inmates to acquire the skills and values necessary to
become productive law-abiding citizens; while respecting the ,jght~ of the victims.
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DC-804
Pari 1
COMMONWEALTH OF PENNSYI~VANIA',',
DEPA~TMENT OF CORRECTIONS
P.O. BOX 598
CAMP HILL, PA 17001-05913
( t8j2?
GRIEVANCE NUMBER
OFFICIAL INMATE GRIEVANCE
TO: FACILITY GRIEVANCE COORDINATOR
^ G:.((;,A{Z.[ "
FROM: (INMATE NAME & NUMBER)
, ':I. ~ CUR./ is 1\ [n 80Q 1-
WORK ASSIGNMENT:
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FACILITY: DATEj' I
Sc...l -CMoP {,Ii II 5" 13 05~
SIGNATURE; of INMATE/! ,
&-&l;;~VM' lLLtb...iJ.,
HOUSING ASSIGNM~T:
E. 67... /t5
INSTRUCTIONS:
1 Refer to the DC-ADM 804 for procedures on the inmate grievancE! system.
2, State your grievance in Block A in a brief and understandable manner,
3. List in Block B any actions you may have taken to resolve this matter, Be sure to include the identity of staff
members you have contacted,
'A,'12rovide '8"brJef. ~learstatemel'ltof'yeuf"grievanee'.eo.Additi&llat'papErr may'betJsed;'mallim\ll'll tNo-flages,,-. "
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Your grievance has been received and will be processed in accordance with DC-ADM 804.
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Signature of FaCility Grievance"lt;oordinator
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Date
WHITE. Facility G,ievance Coordinator Copy CANARY - File Copy PINK - Action R'9tum Copy GOLDENROD _ Inmate Copy
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DC-804
Part 2
. COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
P,O. BOX 598
CAMP HILL, P A. 17001
OFFICIAL INMATE GRlEV ANCE
INITIAL REVIEW RESPONSE
ReVised
December 2000
118128
GRIEVANCE NO.
To: (Inmate Name & DC No.)
CURTIS, William AM-8092
Facility
SCIC
Housing Loe,ation
. E BLOCK
Grievanee Date:
05113/2005
The fo1Rlwing is a summary of my findings regarding your grievance:
The change in the distribution of mail, which is permitted in accordance with Department policies DC-
ADM-803, Inmate Mail and Incoming Publications as well as the Department policy 6.5.1, Administration
of Security LevelS Housing Units, was brought about by the discovery that an SMU inmate was using
staples for their unintended purpose and this newly discovered purpose posed a security risk t6 the operation
of the SMU. Therefore, as the safe and secure operation of the SMU is paramount, the decision was made to
inspect and remove staples from all mail entering the SMU, In the event incoming mail is considered
privileged as defined by the DC-ADM-803, then the mail shall be treated as such. As this new procedure
does not violate Department or facility policy or procedure, the prac:tice shall not be stopped and this matter
is considered resolved, ~--;';:.c-"---
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Your request for compensation is denied.
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Print Name & Title of Grievance Officer
R.obert 1. Marsh, Jr. Unit Manager
Signature Of Grievance Officer
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Date:
OS/26/2005
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6.5.1 Administration of Security LevelS Housing Units
Incoming Mail to Housing Units L-S
6.S.1 (J)(6)(A)(4)
"Regular mail receive via the mailroom that has already been inspected for
contraband. This mail be delivered to the inmate in [he manner in which it is
received from the mailroom. Unit Officers shall inspect each letter to ensure that
a facility mail inspector stamp is on the letter indicating it was inspected in the
mailroom. Letter that do not have the stamp shall be returned to the maiIroom for
inspection. The Officer noting which correspondence was returned to the
mailroom and why, shall submit a written report to th(: Unit Manager, Business
Manager, Supervisor and Deputy Superintendents."
6.5.1(J)(6)(A)(6)
"There is no need to remove regular size staples from mail being delivered to
inmates. This includes staples inserted into envelopes by the mailroom in the case
of regular correspondence. However, at no time shall L-S inmates have or be
given paperclips."
~........ II
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Quality Typing Services
STATEMENT
P.O. Box 627
Saline, MI48176
DATE:
April 26.2005
INVOICE #
WC-108
Bill To:
William Curtis #AM8092
PO Box 200
Camphill. PA 17001-0200
For;
Typing Services
DESCRIPTION AMOUNT
Refund - error on Inovice #WC-1 06 $ (4,20)
Copies of documents. 25 pages. 2 copies each $ 5,00
Postage for mailing documents to William Curtis $ 3.85
Total: $ 4.65
Balance Forwarded: $ (0.60)
Deposit: $ 20.00
Funds Due: $ 14.75
THANK YOU FOR YOUR BUSINESSI .
!E-y./It /JII
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, JPENNSYL VANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., et al.,
Respondents.
DECLARATION OF ROBERT S. BITNER
I, Robert S. Bitner, declare under penalty of perjury that the following facts
are true and correct to the best of my knowledge:
1. I, Robert S. Bitner, am employed by the Pennsylvania Department of
Corrections ("Department") as its Chief Hearing Examiner and have held this
position from 1986 to the present.
2. My duties as the Chief Hearing Examiner, inter alia, also include
reviewing and providing Final Review of Administrative Custody appeals filed by
inmates pursuant to Department policy DC-ADM 802, entitled "Administrative
Custody Procedures" ("DC-ADM 802").
3. Under DC-ADM 802 V1. D., p. 7 (Effective May 5, 2004), "[a]n
inmate may appeal the initial decision of the Facili~y Manager [Superintendent] to
continue him/her in AC confinement to the Office of the Chief Hearing Examiner."
Further, "[i]f the PRC decides to continue the inmate in AC following the 90-day
review, the inmate may appeal his/her continuation [ultimately to my Office after
first appealing to the Facility Manager]. (DC-ADM 802, V1. D. 5, p.7).
4. My Office maintains, inter alia, a computerized record of all inmate
misconduct appeals that have been filed to Final Review under DC-ADM 801 and
all inmate Administrative Custody appeals that have been filed to Final Review
under DC-ADM 802.
6. Upon request, I have reviewed my files as it relates to William Curtis,
inmate number AM-8092, to determine whether he filed any Administrative
Custody appeals to Final Review under DC-ADM 802.
7. Upon the foregoing review, I have no record of any DC-ADM 802
Administrative Custody appeals to Final Review from Curtis.
I understand that this verification is made subject to the penalties of
18 Pa. C.S. S 4904 relating to unsworn falsification to authorities.
Dated / #' ..J L/ L Y C).s-
dW~~
Robert S. Bitner
Chief Hearing Examiner
Pennsylvania Department of
Corrections
2
Policy Subject:
Policy Number:
Administrative Custody Procedures
DC-ADM 802
Date of Issue:
Authority:
Effective Date:
March 8, 2004
~
Jeffre A. Beard, Ph.D.
May 5, 2004
I. AUTHORITY
The Authority of the Secretary of Corrections to direct the operation of the Department of
Corrections is established by Sections 201,206,506, and 901-8 of the Administrative
Code of 1929,71 P.S, 9961, 66,186, and 310-1, Act of April 9, 1929, P.L. 177, No, 175, as
amended.
II. PURPOSE
This document establishes policy and procedure for the operation of housing units used to
confine inmates in Administrative Custody status,
III. APPLICABILITY
This policy is applicable to each facility operating a housing unit used to confine an inmate
in Administrative Custody status.
IV. DEFINITIONS
A. Administrative Custody (AC)
A status of confinement for non-disciplinary reasons that provides closer supervision,
control, and protection than is provided for in general population.
B. Department
The Pennsylvania Department of Corrections,
DC-ADM 802, Administrative Custody Procedures
C. Disciplinary Custody (DC)
Page 2
The maximum restrictive status of confinement to which an inmate found guilty of a
Class I misconduct may be committed,
D. Facility Manager
The Superintendent of a State Correctional Facility, State Regional Correctional
Facility, Commander of a Motivational Boot Camp, Regional Director of a Community
Corrections Center, and/or the Director of the Training Academy.
E. General Population
A status of confinement for an inmate who is not in Administrative or Disciplinary
Custody or other type of special housing.
F. Long Term Segregation Unit (LTSU)
A housing unit or group of cells designated to house an inmate classified as a Custody
Level 5H,
G. Pre-Hearing Confinement
A temporary administrative status of confinement in the inmate's general population cell
or in a Security Level 5 Housing Unit, pending the outcome of a misconduct hearing.
H. Program Review Committee (PRC)
A committee consisting of three staff members who conduct Administrative and
Disciplinary Custody Hearings, periodic reviews, make decisions regarding continued
confinement in a Security Level 5 Housing Unit, and hear all first level appeals of
misconducts, The committee shall consist of a Deputy Superintendent (who shall serve
as the chairperson), a Commissioned Officer, and one staff member from the following
classifications, Corrections Classification and Program Manager (CCPM), Unit
Manager, School Principal, Alcohol and Other Drugs Treatment Specialist Supervisor or
Inmate Records Officer Supervisor, The Facility Mana~ler may designate other staff as
committee members; however, if such designations am made, they must be in writing
and the Facility Manager must maintain a list of all designees. Whenever a PRC is
convened, at least one member of the committee must be a staff member who is not
directly involved in the administration of the Security Level 5 Housing Unit in which the
inmate is currently housed.
I. Protective Custody (PC)
A category of Administrative Custody used for an inmate requiring protection from other
inmates or for reasons not caused by his/her own behavior.
DC-ADM 802, Administrative Custody Procedures
J. Restricted Housing Unit (RHU)
Page 3
An area or group of cells for an inmate assigned to DC or AC status.
K. Restricted Release List
A list of inmates, identified by the Office of the Secretary, who are restricted from
release from AC status without the prior approval of the respective Regional Deputy
Secretary. This list is updated and distributed to all facilities on a quarterly basis by the
Regional Deputy Secretaries,
L. Security Level 5 Housing
A housing unit, area, or group of cells designated as an RHU, SMU, Capital Case Unit,
and/or L TSU.
M. Special Management Unit (SMU)
Special units within designated Department of Corrections facilities designed to safely
and humanely handle an inmate whose behavior presents a serious threat to the safety
and security of the facility, staff, other inmates or him/herself.
N. Special Needs Unit (SNU)
A housing unit established to provide a safe and secure setting and specialized
treatment services for an inmate identified as being unable to function in a general
population-housing unit. An inmate in this category may include someone diagnosed as
mentally ill, emotionally unstable, mentally retarded, and physically or developmentally
challenged. Placement does not require the mental health commitment process.
O. Unit Management Team
The individuals assigned to operate a housing unit with the responsibilities for security,
risk management, conducting informal resolutions of misconducts, and program
delivery,
P. Unit Manager
The individual who is responsible for the supervision of all members of the Unit
Management Team and the delivery of security and program services.
V. POLICY
It is the policy of the Department to place any inmate in AC status whose presence in
general population would constitute a threat to life, property, himself/herself, staff, other
inmates, the public, or the secure or orderly running of the facility.1
1 4-4249
DC-ADM 802, Administrative Custody Procedures
VI. PROCEDURES
Page 4
A. Placement in AC Status
1. Any general population inmate may be assi~lned AC status and placed in a Security
Level 5 Housing Unit by order of the Shift CClmmander for the following reason(s):2
a, the inmate is in danger by/from some person(s) in the facility and cannot be
protected by alternate measures;3
b. placement in general population would endanger the inmate's safety or welfare
when it is not possible to protect him/her by other means;4
c, the inmate is a danger to himself/herself or others;5
d. the inmate is suspected of being or is the instigator of a disturbance;
e. the inmate would pose an escape risk in a less secure status;
f. the inmate has been charged with, or is under investigation for a violation of
facility rules and there is a need for increased control pending disposition of
charges or completion of the investigation;
g. the inmate has requested and been granted self-confinement;
h. the inmate is being held temporarily for another authority and is not classified for
the general population of the holding facility;
i. no records and/or essential information are ,available to determine the inmate's
custody level or housing needs; and/or
j. the inmate has completed a DC sanction but one or more of the above reasons
exist.
2. The following factors shall be considered by the PRC when reviewing an inmate for
AC status placement as self-confinement:
a. that verifiable and documented justification exists for placement;
b. that the inmate is an obvious target for other inmates, consistent with the
definition of Protective Custody (see Section IV. I.); and
c. that staff have made every effort (documented) to keep the inmate safely housed
in general population.
2 4-4404
3 4-4281
4 4-4281
5 4-4250, 4-4281
DC-ADM 802, Administrative Custody Procedures Page 5
3, An inmate who has completed a DC sanction imposed in accordance with Depart-
ment policy DC-ADM 801, "Inmate Discipline" may be placed in AC status by
order of the PRC for any of the reasons identified in section VI. A. 2, however, a
hearing shall be held as described in Section VI. B,
4, Whenever practical, written notice of the reasons for AC placement is given to the
inmate prior to placement, but in all cases within 24 hours after placement. The
written notice shall be prepared on the misconduct form DC-141, Part 1 by
indicating "Other.,,6
5. If the inmate has a mental illness, the PRC should explore the feasibility of placing
him/her into a Special Needs Unit as an alternative, as long as the inmate's safety is
not jeopardized. If the inmate's safety cannot be reasonably assured in any status
other than AC, then the case should be referred and appropriate mental health
services must be provided while the inmate remains in AC status.
6. When an inmate is placed in AC status the Facility Manager/designee shall review
the placement within 72 hours. 7
7. The Facility Manager may request that an inmate be placed on the Restricted
Release List when he/she poses a threat to the secure operation of the facility and
where a transfer to another facility or jurisdiction would not alleviate the security
concern. The Regional Deputy Secretary must approve placing the inmate in this
status.
B. Administrative Hearing
An Administrative Hearing shall be conducted as follows:
1. The hearing shall be conducted by the PRC.
2. The reason(s) for the inmate's AC confinement must be explained to the inmate.
3, When the inmate is in AC status as pre-hearing confinement on a misconduct
charge, an Administrative Hearing will not be held, provided a hearing on the
misconduct charge is held within seven workdays, excluding weekends and State
holidays, and the misconduct charge is disposed of at that hearing. An inmate
request for a continuance of the disciplinary hearing is an automatic waiver of the
hearing on the reason(s) for pre-hearing confinement. In all other cases, except as
noted in Section B.4. below, The hearing shall be scheduled within seven
workdays, excluding weekends and State holidays, after AC placement.
4, Confinement in AC status for investigative purposes shall not exceed 15-calendar
days. The Facility Manager may approve one 15-calendar day continuation of
confinement, if the investigation has not been complet<9d. The reason for the
continuation shall be documented and a copy provided to the inmate. Following the
3D-calendar day period, if the inmate remains in AC status, he/she must be charged
6 4-4404
74-4250
uC-ADM 802, Administrative Custody Procedures Pape 6
with a misconduct and a hearing held within .seven workdays, excluding weekends
and State holidays. If the investigation indicates that a security concern, as outlined
in Section VI. A. 1. exists, but the evidence is not sufficient for a misconduct, the
inmate may be scheduled for a hearing to determine if further AC placement is
necessary, upon expiration of the 3D-calendar days.
5, The rationale for the AC placement shall be read and explained to the inmate.
6, The inmate shall be permitted to respond to the rationale for AC placement. The
inmate may tell his/her version orally or submit it in writing. A PRC committee
member shall write a summary of any relevant oral statement by the inmate.
7, The PRC's decision shall be based on some evidence as to whether there is a valid
security reason to confine the inmate in AC as defined in Section VI. A. 2. The
evidence may include counselor's reports, Psychiatric/Psychological information,
staff recommendations, and/or investigative reports.
8. A written summary of the hearing shall be prepared on the DC- 141 Part 3. It shall
include the reason(s) relied upon by the PRC to reach its decision. A copy of the
written summary shall be given to the inmate. The inmate may submit a concise
summary of the hearing, which shall be made a permanent part of the file.
9. If, in the opinion of the PRC, the inmate is physically or mentally unable to attend or
participate, the hearing shall be postponed until the inmate is able to attend and
participate. The decision to postpone a hearing shall be documented on the DC-141
Part 3 and shall be made close to the time the hearing would have been held. There
is no appeal from the decision to postpone the hearin9. If the inmate is able to
attend and refuses, the hearing will be held in absentia. If the inmate becomes
disruptive in the hearing or refuses to follow instructions, he/she shall be removed
and the hearing conducted without the inmate being present.
C. Waiver
1. An inmate may voluntarily waive the hearing described in Section VI. B. at any time
prior to the hearing's completion. The inmate may also waive the written notice
requirements and any time limitations relating to the hearing or the service of notice.
2. All waivers shall be in writing and shall be signed and dat,sd by the inmate.
3. When an inmate requests self-confinement in AC status, such request shall be
deemed a waiver of all procedures described in this directive except periodic PRC
review, Only written notice of the reason for the AC placement is necessary.
4. An inmate's refusal to attend a hearing shall be deemed a waiver of the proceeding,
The refusal shall be documented on the DC-141, Part 3. The inmate may not appeal
the results of a hearing he/she refused to attend,
DC-ADM 802, Administrative Custody Procedures
D. Appeals
1. An inmate may appeal the decision of the PRC concerning his/her initial
confinement in AC to the Facility Manager within two days of the completion of the
hearing. The appeal must be in writing. The dtlCision of the Facility Manager will be
forwarded to the inmate within 10 days of the receipt of the appeal.
Palfe 7
2. An inmate may appeal the initial decision of the Facility Manager to continue him/her
in AC confinement to the Office of the Chief Hearing Examiner. The appeal must be
addressed as follows:
Chief Hearing Examiner
Department of Corrections
1451 N. Market Street
Elizabethtown, PA 17022
Failure to properly address the appeal will delay the process.
3. The Office of the Chief Hearing Examiner will review the record of the hearing and
all other relevant documents and rule on the appeal within two workdays after its
receipt.
4. In every case where the action of the PRC or the Facility Manager is reversed, the
Office of the Chief Hearing Examiner will prepare a IEltter to the inmate and a
memorandum to the Facility Manager. These will be forwarded to the appropriate
Regional Deputy Secretary for review and signature.
5. If the PRC decides to continue the inmate in AC following the gO-day review, the
inmate may appeal his/her continuation as outlined in Section VI. D. 1 through 4.
6. The inmate's right to appeal terminates when he/she is released from AC.
E. Periodic Reviews
1. The PRC shall review the status of each inmate in AC status every seven days for
the first two months.s
2. Each inmate in AC status shall be seen weekly by his/her counselor.
3. The Unit Management Team shall review the status of every inmate in AC after 30
days and every 30 days thereafter.9
4. The counselor's weekly interviews and the Unit Management Team's monthly
reviews are documented in the DC-14, Cumulative Adjustment Record.
5. The PRC will interview every inmate in AC status every 90 days unless the Unit
Management Team recommends an earlier review. The PRC's decision to continue
4253
1253
dC-ADM 802, Administrative Custody Procedures Page 8
the inmate in AC status or release him/her to population is documented on a DC.
141- Part 4, with a copy provided to the inmate.
6. The inmate may refuse to attend any interview. If the inmate refuses to attend an
interview, his/her refusal will be documented on the DC-141- Part 4, and a review of
the inmate's status conducted in absentia.
7. A qualified psychologist or psychiatrist shall personally interview and conduct an
assessment on any inmate remaining in AC status for more than 30 calendar days.
If the inmate's confinement continues for an extended period, a mental health
assessment will be completed at least every 90 calendar days.1o
F. AC Housing Status11
1. AC is a status of confinement that provides the highest level of security and control.
An inmate confined in this status shall not have the privileges available in lower
security level housing. The following conditions apply to an inmate in AC status:
a. All tobacco products are prohibited.
b. There are no radio, television, or telephone calls (except emergency or legal
telephone calls) in accordance with Department policies DC-ADM 818,
"Automated Inmate Telephone System," and 6.5.1, "Administration of
Security Level 5 Housing Units."
c. Personal property, commissary, written materials, and prescribed medication are
permitted in accordance with Department policy 6.5.1.
d. All visits are non-contact in accordance with Department policies DC-ADM 812,
"Inmate Visiting" and 6.5.1.
e. Any combination of personal property that will fit into one standard-size records-
center box may be maintained in the cell. Personal property includes:
(1) written materials in accordance with DC-ADM 803, "Inmate Mail and
Incoming Publications;"
(2) one newspaper (one-for-one exchanges are permitted for newly received
editions); and12
(3) 10 magazines (one-for-one exchanges are permitted for newly received
publications).13
f. An inmate shall be permitted to exchange legal materials from his/her cell with
stored legal materials once every 30 days. The PRC may authorize more
104_4256
11 4-4249
12 4-4269
13 4-4269
dC-ADM 802, Administrative Custody Procedures Page 9
frequent exchanges based upon a demonstrated need for additional exchanges
for active litigation. Such exchanges, however, may not exceed one per week.
g. When an inmate is scheduled for transfer to another facility, his/her property
shall be handled in accordance with DC.ADM 815, "Personal Property,
Basic/State Issued Items and Commissary/Outside Purchases."
h. An inmate shall be provided access to the facility law library in accordance with
Department policy DC-ADM 007, "Access t.o Provided Legal Services."
i. Leisure reading material may be requested from the library on a weekly basis.
j. A jumpsuit, footwear, and basic issue toilet articles shall be provided. Two sets
of personal undergarments are permitted. No other personal apparel is
permitted. Outerwear will be provided as needed.
k. Exercise shall be offered one hour per day, five days per week.14
I. The opportunity to shower and shave shall be offered three times per week.
2. The PRC or Security Level 5 Unit Management Team may approve additional
privileges based on individual need, safety and security and the behavioral progress
of the inmate.
3. Additional privileges may include:
a. an increase in visiting privileges;
b. a radio;
c. a television;
d. an increase in telephone calls;
e. increased commissary;
f. access to educational books and materials; and/or
g. a work assignment;
h. any other general population privileges except freedom to move about the facility
and freedom to engage in programs with the general population; and
i. at the PRC's discretion, an inmate in long term AC status may be eligible for the
General Labor Pool (GLP) compensation.
(1) The inmate must be indigent in accordance with Department policy DC-ADM
803.
14 4-4270
dC-ADM 802, Administrative Custody Procedures Page 10
(2) The inmate must not be housed in the Long Term Segregation Unit (L TSU)
or Special Management Unit (SMU). Compensation for an inmate housed in
the L TSU or SMU is in accordance wilh Department policy 6.5.1.
(3) The inmate must comply with the GLP requirements in accordance with
Department policy DC-ADM 816, "Inmate Compensation." He/She must
maintain an acceptable level of personal hygiene, the cleanliness of his/her
living quarters and accept work assignments within the housing unit. The
inmate must follow all rules, participate in recommended programs, and be
willing to accept any employment or school assignment offered.
(4) The GLP compensation rate for an AC status inmate shall be $.50. An
inmate who is receiving the GLP compensation rate of $.72 as of the
implementation date of this policy will continue to receive that rate. However,
should he/she lose GLP status due to a misconduct or Unit Team action,
he/she will receive the $.50 compensation rate if/when the PRC reinstates
the him/her to GLP status.
4. Any additional privilege(s), if permitted, may also be revoked by the PRC or Security
Level 5 Unit Management Team based on a change in individual need, safety and
security, or inappropriate behavior of the inmate.
G. Program Considerations 15
An inmate housed in AC status should be provided access to programs and services
that include, but are not limited to:
1. educational services;
2. commissary (in accordance with Department policy DC-ADM 815 and a commissary
list approved by the PRe);
3. library services;
4. casework, counseling, and diagnostic and classification services;
5. religious guidance in accordance with Department policy DC-ADM 819, "Religious
Activities;" and
6. recreation.
H. Release from AC Status
1. The Unit Management Team may recommend that PRC release an inmate from AC
status.16
15 4-4273
16 4-4254
DC-ADM 802, Administrative Custody Procedures Page 11
2. With the exception of an inmate on the Restricted Release List, the Facility Manager
or the PRC may release an inmate from AC status to general population at any
time.17
3. Certain factors shall be evaluated in making a decision to continue or release an
inmate from AC status:18
a. length of time in RHU;
b. number, type, and frequency of misconducts;
c. continued public or facility risk;
d. safety of the inmate, other inmates, and staff;
e. the inmate's behavior while in AC status, including sanitation, personal
hygiene/grooming, response to authority and other inmates, and to verbal and
written orders; and
f. recommendation of the unit and treatment staff.
4. Inmates identified on the Restricted Release List may not be released without the
approval of the Secretary/designee.
a. The PRC may make a recommendation to the Facility Manager if it is believed
that an inmate on the Restricted Release List could be safely released to the
general population.
b. The Facility Manager must provide rationale for recommending the release of the
inmate to the Regional Deputy Secretary.
c. If the Regional Deputy Secretary disapproves the release of the inmate, the
Facility Manager will be advised and the recommendation will not be forwarded
to the Secretary/designee.
d. If the Regional Deputy Secretary approves the release, he/she will forward the
recommendation to the Secretary/designee.
e. The Secretary/designee will make the final decision whether or not to release an
inmate on the Restricted Release List to general population.
5. The PRC or the Facility Manager may release an inmate from PC to general
population at any time when the rationale used for placing the inmate in PC status is
no longer valid. The PRC or the Facility Manager shall document the reasons for the
release of the inmate from PC on a DC-141, Part 4.
4-4254
~-4254
DC-ADM 802, Administrative Custody Procedures Page 12
6. If the inmate's release from AC status involves a transfer from the facility, the
following procedures are to be followed:
a. The Facility Manager shall make such a recommendation to the Director, Bureau
of Inmate Services (BIS) via a transfer request. The transfer rationale should
include a recommendation regarding which facility, or other jurisdiction, would be
best suited to house the inmate. The rationale should also include programming
needs as well as continuing security concerns.
b. The transfer committee will review the referral and provide a recommendation to
the respective Regional Deputy Secretary.
c. The Regional Deputy Secretary shall make the final decision regarding the
release of the inmate from AC status for protection and, if approved, shall decide
the facility to which the inmate will be transferred.
VII. SUSPENSION DURING EMERGENCY
In an emergency or extended disruption of normal facility operations, the Secretary/
designee may suspend any provision or section of this policy for a specified period.
VIII. RIGHTS UNDER THIS POLICY
This policy does not create rights in any person nor should it be interpreted or applied in
such a manner as to abridge the rights of any individual. This policy should be interpreted
to have sufficient flexibility to be consistent with law and to permit the accomplishment of
the purpose of the policies of the Department.
IX. RELEASE OF INFORMATION AND DISSEMINATION OF POLICY
A Release of Information
1. Policy
This policy document is public information and may be released upon request.
2. Procedures Manual (if applicable)
The procedures manual for this policy is not public information and shall not be
released in its entirety or in part, without the prior approv611 of the Secretary/
designee. This manual or parts thereof may be released to any Department
employee on an as needed basis.
B. Distribution of Policy
1. General Distribution
The Department's policy and procedures manual (when applicable) shall be
distributed to the members of the Central Office Executive Staff, all Facility
Managers, and Community Corrections Regional Directors on a routine basis.
DC-ADM 802, Administrative Custody Procedures Page 13
Distribution to other individuals and/or agencies is subject to the approval of the
Secretary/designee.
2. Distribution to Staff
It is the responsibility of those individuals receiving policies and procedures, as
indicated in the "General Distribution" section above, to ensure that each employee
expected or required to perform the necessary procedures/duties is issued a copy of
the policy and procedures.
X. SUPERSEDED POLICY AND CROSS REFERENCES
A. Superseded Policy
1. Department Policy
a. DC-ADM 802, Administrative Custody Procedures, issued June 29,1992, by
former Secretary Joseph D. Lehman.
b. DC-ADM 802-1, Administrative Custody Procedures, issued December 29, 1992,
by former Executive Deputy Secretary Lawrence J. Reid.
c. DC-ADM 802-2, Administrative Custody Procedures, issued August 16, 1995, by
former Executive Deputy Secretary Raymond E. Clymer, Jr.
d. DC-ADM 802-3, Administrative Custody Procedures, issued November 27,1995,
by former Secretary Martin F. Horn.
e. DC-ADM 802-4, Administrative Custody Procedures, issued March 23,1998, by
former Secretary Martin F. Horn.
f. DC-ADM 802-5, Administrative Custody Procedures, issued June 22, 1998, by
former Secretary Martin F. Horn.
g. DC-ADM 802-6, Administrative Custody Procedures, issued August 12,1998, by
former Secretary Martin F. Horn.
h. DC-ADM 802-7, Administrative Custody Procedures, issued August 27,1998, by
former Secretary Martin F. Horn.
L DC-ADM 802-8, Administrative Custody Procedures, issued September 1, 1999,
by former Secretary Martin F. Horn.
j. DC-ADM 802-9, Administrative Custody Procedures, issued April 17, 2000, by
former Secretary Martin F. Horn.
k. DC-ADM 802-10, Administrative Custody Procedures, issued October 4, 2001,
by Secretary Jeffrey A. Beard, Ph.D.
I. 6.5.11, Protective Custody, issued September 2, 1993, by former Secretary
Joseph D. Lehman.
m. 6.5.11-1, Protective Custody, issued May 1, 1995, by former Executive Deputy
Secretary Raymond E. Clymer, Jr.
n. 6.5.13, Thirty (30) Day Reviews, issued November 27, 1995, by former Secretary
Martin F. Horn.
o. 6.5.13-1 Thirty (30) Day Reviews, issued August 27, 1998, by former Secretary
Martin F. Horn.
p. 6.5.13-2 Thirty (30) Day Reviews, issued September 1, 1999, by former
Secretary Martin F. Horn.
IJI,;-ADM 802, Administrative Custody Procedures
2. Facility Policy
Paie 14
This document supersedes all facility policy and procedure on this subject.
B. Cross Reference(s)
1. Administrative Manuals
a. DC-ADM 007, Access to Provided Legal Services
b. DC-ADM 801, Inmate Discipline
c. DC-ADM 803, Inmate Mail and Incoming Publications
d. DC-ADM 812, Inmate Visiting
e. DC-ADM 815, Personal Property, Basic/State Issued Items and
Commissary/Outside Purchases
f. DC-ADM 816, Inmate Compensation
g. DC-ADM 818, Automated' Inmate Telephone System
h. DC-ADM 819, Religious Activities
i. 6.5.1, Administration of Security level 5 Housing Units
j. 6.5.8, Capital Case Administration
2. ACA Cross Reference
a. Administration of Correctional Agencies: None
b. Adult Correctional Institutions: 4-4249, 4-4250, 4-4253, 4-4254, 4-4256, 4-4269,
4-4270, 4-4273, 4-4281, 4-4404
c. Adult Community Residential Services: None
d. Adult Correctional Boot Camp Programs: None
e. Correctional Training Academies: None
..
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., et at.,
Respondents.
UNSWORN DECLARATION ROBERT J. MARSH
I, Robert J. Marsh, Unit Manager for the Department of
Corrections, hereby declare under penalty of peljury that the following
statements are true and correct based upon my p\~rsonal knowledge and
belief:
1. I am employed by the Pennsylvania Department of Corrections
("Department") as the Unit Manager for the Special Management Unit at the
State Correctional Institution at Camp Hill ("SCI-Camp Hill").
2. The Department's maximum security housing is divided into
three different level groups, one of which is the SMU.
3. The SMU is a special housing unit designed to handle
unmanageable inmates who are disruptive and violent, in a safe, secure, and
1
humane manner.
4. I am familiar with William Curtis, inmate number AM-8092,
who since March 23, 2005 has been at SCI-Camp Hill and housed in the
SMU.
5. I have been furnished a copy of the Petition for Habeas Corpus
filed by Curtis and have reviewed it.
6. Because ofthe security level of the inmates housed in the SMU,
the Department's regulation, Policy 6.5.1, entitled Administration of
Security Level 5 Housing Units, applies to all Security Level 5 Housing
Units including the SMU at SCI-Camp Hill. Policy 6.5.1 was implemented
by the Department to provide safety and security to the staff and inmates.
7. One of the provisions within Policy 6.5.1 pertains to "Security
night lighting [which] shall remain on at all times in [SMU] units." I
8. The "Security night lighting" appears to be the incessant light
causing sleep deprivation, cell light on all night, instrument of psychological
torture, (Petition, ~ 36 (D), ~ 23), that Curtis is referring to in the Petition.
9. The "Security night lighting" in Curtis's SMU cell consists of a
seven-watt bulb protected by an opaque white plastic cover. The
I g 1, Administration, letter N, Utilities #2, Lighting (b) "Security night
lighting shall remain on at all times in units." Reisinger Declaration, Ex. A,
July 29,2004 Initial Review Response to Torres Grievance No. 90643
2
..
illumination from it at night is minimal. The seven-watt bulb is similar to
those bulbs used in "night lights" in homes and in window-sill candles in
residences.
10. Although the "Security night lighting" remains on at all times
in SMU units, the other interior lighting in Curtis's cell is controlled by the
inmate. That is to say, the other interior lighting in the cell may be tumed on
or off by the inmate at will by simply using a switch located inside the celL
Thus, during the day or night, the inmate may turn off all the interior lights
at will except the low intensity seven-watt "Security night lighting."
11. The presence of the seven-watt light bulb furthers safety and
security. The low intensity light permits officers to observe "flesh and
movement" during their nighttime half-hour cell checks / inspections that
ensure the inmate is in the cell and has not escaped and to determine where
the inmate is located within the cell so that his whereabouts may be
ascertained should the need arise to enter the celL Absent the low intensity
light, officers would need to flash a bright-beamed flashlight into the cells,
thereby disturbing and interrupting the inmate's sleep during the cell checks
linspections. Without a low-wattage nightlight, and the room otherwise dark
because the inmate turned off the interior lights, officers would need to shine
3
a flashlight on the inmate to determine whether he was in need of help or
assistance, if suddenly ill.
12. Although Curtis alleges that constant illumination may cause
sleep deprivation, Curtis has not complained to my staff about that.
I make this verification subject to the penalties under 18 Pa.C.S.
g4909, relating to unsworn falsifications to authorities.
7/py /,,-6'
Dated:
17~~.
Rob rt J. Marsh
Unit Manager
Pennsylvania Department of Corrections
4
Executive Staff
Facility Managers
CCC Regional Directors
Policy Subject:
Administrative Custody
Policy Number: DC-ADM 802-2
Policy Issue Date:
TO:
Date of Issue:
Authority:
May 5, 2004
Effective Date:
July 8, 2005
fl.
July 8, 2005
Jeffre A. Beard, Ph.D.
The purpose of this bulletin is to add a requirement that PRe inform an inmate that he/she is
being recommended for transfer to a Special Housing Unit (Special Management Unit, Long
Term Segregation Unit, or Secure Special Needs Unit).
Section IV.E, Periodic Reviews, the following is being added:
6. Whenever an inmate is being recommended for transfer to a Special Housing Unit
(SMU, L TSU, SSNU), the PRC shall review the recommendation with the inmate and
inform him/her of the reason(s) for the transfer recommendation. The inmate will be
given the opportunity to respond to the rationale given and object to his/her
placement in a Special Housing Unit, if he/she so desires. The recommendation shall
be documented on the DC-141-Part 4, with a copy to the inmate. The inmate may
appeal the recommendation for Special Housing Unit transfer to the Facility Manager
and Central Office, as outlined in Section VI.C.1 through 4.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., eta!.,
Respondents.
CERTIFICATE OF SERVICE
I hereby certify that I am this day depositing in the U.S. mail a true and
correct copy of the foregoing Exhibits to Respondents' Motion to Dismiss Without
a Hearing upon the person(s) in the above-captioned matter.
Service by first-class
Addressed as follows:
William Curtis, AM-8092
SCI-Camp Hill
P.O. Box 200
Camp Hill, PA 17001
Dated: July 28, 2005
S~(ffn(
Clerical Supervisor 2
Pennsylvania Department of Corrections
Office of Chief Counsel
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS
Petitioner
No.: 05"- 2.Cf2..fo
vs.
JEFFREY A. BEARD, PH.D.,
COMMISSIONER, DEPARTMENT OF
CORRECTIONS, et.al.,
Respondents
NOTICE TO PRODUCE
To Jeffrey A. Beard, Ph.D., et. al..:
You are directed to produce the following:
I) Any and all assessments ofPetitioner's confinemtmt status at the "Special
Management Unit" in accordance with any agreed upon objectiv'~ criteria. For his continued
placement in the Restricted Housing Unit at the State Correctional Institution at Camp Hill
2) Any and all Program Review Committee reports, records and/or files that they
have defined for itself what it is looking for in Petitioner that would cause the PRC to determine
that Petitioner is eligible to return to the general population.
3) Any and all Department of Corrections (DC-3C) Transfer Petition and its
pertinent parts files to transfer Petitioner to the Restricted Housing Unit "Special Management
Unit" from the State Correctional Institution at Smithfield, on .March 23, 2005.
4) Any and all psychiatric reports, records, and/or eKlUllinations of Petitioner
pertaining to his transfer to the "Special Management Unit."
.
5) Any and all psychologist reports, records, and/or .:xaminations of Petitioner
pertaining to his transfer to the "Special Management Unit."
6) Any and all psychiatric reports, records and/or files for Petitioner since March 23,
2005, and his transfer to the "Special Management Unit."
7) Any and all psychologist reports, records and/or files, for Petitioner since March
23, 2005 and his transfer to the "Special Management Unit."
8) Any and all 30 day review case reports, records and/or files to Jeffrey A. Beard,
Ph.D., Commissioner, pertaining to Petitioner's Administrative Custody since December 20,
2004.
9) Any and all DC-141 Misconduct Reports Petitioner received at SCI-Smithfield,
because of an assault, fighting, and/or any violent act while inClll'Ce1'llted at that institution.
10) Any and all police reports and/or felony or mis(li:meanor charges filed against
Petitioner during his incarceration at SCI-Smithfield.
II) Administrative manuals DC-ADM 802, Administrative Custody Procedures.
12) Administrative manuals 6.5.1 Administration of Security LevelS Housing Units.
13) Any and all policies by the Department of Corrections which state the standard of
medical received by Petitioner is contingent on his housing uni1t level.
14) Any and all policies by the Department of Corrections which state Petitioner's
eyeglasses must be taken while being confined in the Restricted Housing Unit.
IS) Any and all policies by the Department of Coroections that stated Petitioner
cannot have in his possession hardcover books oflaw in the Re:stricted Housing Unit.
16) Any and all contracts and/or purchase agreemeIllts pertaining to Freshmint
toothpaste No. April 3, 1972, produced by Exclusive Distribution New World Imports, MTG-
2
85317-001889, Nashville, TN 37203, issued by Respondents to Petitioner while he is housed in
the "Special Management Unit."
At One Courthouse Square, Carlisle, P A 17013, to Curtis R. Long, Prothonotary
Cumberland County and 2500 Lisbum Road, P.O. Box 8837, Canlp Hill PA 17001-8837, to
William Curtis AM 8092 by United States mail.
If you fail to produce the documents or things required by this Notice to Produce, you
may be subject to the sanctions authorized by RuJe 234.5 of the Pennsylvania Rules of Civil
Procedure.
Dated: /wooS! .!L
,2005
~j~
William Curtis, Pro Se
AM 8092
2500 Lisburn Road
P.O. Box 8837
Camp Hill. PA J 7001-8837
3
r
VERIFICATION
I, William Curtis, pro se, verify that the statements made in the Notice to Produce are true
and correct to the best of my knowledge, information and belief
These Statements are made subject 0 the Penalties of 18 Pa. C.S.A. **4904 relating to
unsworn falsification to authorities.
1Alif/v.~~
William Curtis, Pro Se
Dated: AUbvS r .2....-
';005
(
CERTIFICATE OF SERVICE
I, William Curtis, Petitioner proceeding pro se hereby certiifies that a true and correct
copy of the within Petitioner's Notice to Produce has been mailed by way ofSCI Camp Hill,
Mail Department upon the following:
Counsel for the Department
of Corrections, Pennsylvania
2520 Lisburn Road,
Camphill, PA 17011
Dated: AUbusT..1-
,2005
By:
Uiitt~(1,t.k
William CUlrtis.. Pro Se
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., et aI.,
Respondents.
RESPONDENTS' APPLICATION TO STRIKE NOTICE TO ATTEND /
PRODUCE OR FOR A PROTECTIVE ORDER AcND DISCOVERY STAY
Parties
1. Petitioner, William Curtis ("Curtis"), IS an inmate under the
Pennsylvania Department of Corrections ("Department") inmate number AM-
8092, who is presently incarcerated at the State Correctional Institution at Camp
Hill ("SCI-Camp Hill") and housed in the Special Management Unit ("SMU").
(Petition, ~ 1).
2. Curtis names as Respondents: Jeffrey A. Beard, Ph.D., Secretary of
the Department ("Secretary Beard"); Donald Kelchner, Superintendent of SCI-
Camp Hill ("Superintendent Kelchner"); Eugene Brannigan, Deputy
Superintendent for Facility Management at SCI-Camp Hill ("Deputy Brannigan");
and Dave Patton, Deputy Superintendent for Centraliized Services at SCI-Camp
Hill ("Deputy Patton"). (Petition, ~~ 2-5).
1
Relevant Procedural Bac~roundl
3. On or about June 7, 2005, Curtis filed a document entitled "Petition
for Writ of Habeas Corpus, 42 Pa.C.S. S 6502(B)" ("Petition"), a Petition for
Leave to Proceed in forma pauperis ("IFP request"), and an Affidavit in Support
of Petition for Writ of Habeas Corpus ("Affidavit").
4. By an Order dated June 16, 2005, and entered on June 17, 2005, the
Respondents were directed to show cause why the relief requested should not be
granted; returnable forty-five (45) days after service. The Rule was served on
Secretary Beard by the Sheriff on June 22, 2005. Thus, a response was due on or
before August 6, 2005.
5. By a document dated July 20, 2005, Curtis moved to amend his
Petition for Writ of Habeas Corpus, without appending the proposed amended
pleading or otherwise providing any information about what any "new" or
"additional" allegations will be advanced in the amendf:d petition.
6. By letter dated July 28, 2005, Respondents served Curtis with
supporting Exhibits and a Motion to Dismiss the Pl~tition for Writ of Habeas
Corpus Without a Hearing ("Motion to Dismiss"). The "clocked-in" copies
indicate that the materials were filed of record on August 1,2005.
1 To the extent necessary, the Court is respectfully requested to take judicial notice
of its own records. Commonwealth v. Byrd, 472 A.2d 1141 (Pa. Super.
1984)(Court may properly take judicial notice of uncontested notations in the court
record).
2
7. On August 1,2005, this Court entered an Order granting Curtis leave
to file an amended petition within thirty (30) days.
Discoverv at Issue
8. By letter dated August 1, 2005, three (3) days after the service of
Respondents' Motion to Dismiss without a Hearing, Curtis served the undersigned
by mail with what purports to be a Proposed Order of Court that would direct
Respondents to file responsive documents with the Prothonotary and provide
Curtis with copies of the documents outlined in a second document entitled
"Notice to Produce" and addressed to Secretary Beard ("Discovery request"). A
true and correct copy of the documents is appended hereto and marked Exhibit
"A."
9. The foregoing Discovery request consists of sixteen (16) separate
requests for documents or materials and appears to be in a format similar to
Pa.R.C.P. 234.3, pertaining to a Notice to Attend / Produce, used in civil actions.
MOTION TO STRIKE NOTICE TO ATT]~ND / PRODUCE
10. Because the Notice to Produce concludes with a statement that failure
to produce the documents will subject Secretary Beard to "sanctions authorized by
Rule 234.5 of the Pennsylvania Rules of Civil Procedure," it appears to have been
Curtis' intention to utilize the Rules of Civil Procedure to not only compel the
attendance of the Department's Chief Executive Officer at any hearing but also to
3
compel the Department to produce all of the items mentioned in the document at
that time.
11. As stated in the Motion to Dismiss, Secretary Beard is an official with
state-wide policymaking authority. See, e.g., Fawber v Cohen, 516 Pa. 352, 361,
532 A.2d 429, 434 (1987)(suit against an official wiith state-wide policymaking
authority, Secretary of Welfare, seeking injunctive and declaratory relief to direct
his official acts is within Commonwealth Court's jurisdiction under Section
761(a)(I) of the Judicial Code, and not that of County Common Pleas under the
Section 761(a)(I)(v) exception).2 Secretary Beard has not only been improperly
named in this matter, but Curtis' issuance of a Notice to Attend and Produce to the
Chief Executive Officer of the Department would improperly require diversion of
his responsibilities and duties to the Department.
12. Moreover, at the time that Curtis issued the Notice to Attend and
Produce: (1) he had requested leave to amend his Petition; (2) he was already
apparently in possession of the Respondents' Motion to Dismiss and Exhibits; and
2 Pursuant to Section 761(a)(1) of the Judicial Code, 42 Pa.C.S. S 761(a)(I),
petitions seeking mandamus or injunctive relief against the Commonwealth
government or its officers acting in their official capacity fall with the original,
exclusive jurisdiction of Commonwealth Court. Kretchmar v. Department of
Corrections, 831 A.2d 793 (Pa. Cmwlth. 2003), petition for allowance of appeal
denied, _ Pa. _,847 A.2d 1289 (2004); Commonwealth v. Snyder, 829 A.2d 783,
785 (Pa. Cmwlth. 2003).
4
(3) he was aware that neither a ruling had been issued on the Motion to Dismiss
nor a decision rendered by the Court that a hearing would take place.
13. Moreover, it is not clear that the Rules of Civil Procedure may be
utilized in the context of a habeas corpus conditions \:ase. Venue for these types
of matters is directed and relegated by the Rules of Criminal Procedure to "be filed
with the clerk of courts ofthe judicial district in which the petitioner is confined."
Pa.R.Crim.P. 108(B); Bronson v. Domovich, 628 A.2d 1177, 1179 (Pa. Super.
1993).
14. Additionally, in a habeas conditions case, it is Petitioner's pleading
that forms a basis for the Court to determine whether a hearing will be scheduled to
inquire further the allegations. Balsamo v. Mazurkiewicz, 611 A.2d 1250, 1253
(Pa. Super. 1992)("[I]t is a general rule that the [habeas] petition may be denied
summarily and without a hearing where it fails to allege facts making out a prima
facie case for the issuance of the writ")( citation omittt:d). As the matter presently
stands, Curtis has received authorization to withdraw the initial Petition and to file
an Amended Petition, yet no judicial decision has been rendered that a prima facie
case for the issuance of the writ has been established by Curtis.
15. Even were it determined, however, that a hearing is required, a
petitioner has no absolute right to be present at the hearing in a habeas corpus
proceeding, and such right ordinarily depends upon whether the petitioner's
5
presence IS necessary. Commonwealth ex reI. O'Niel.v Ashe, 337 Pa. 230,10 A.2d
404 (1940). The issues raised in the particular case determine whether a prisoner
should be produced for a hearing in a habeas corpus proceeding. Com. ex reI.
Johnson v. Maroney, 191 A.2d 704, 705-706 (Pa. Super. 1963). Although many
of the requests in the Notice to Attend and Produce are directed to the decision to
house Curtis in the SMU at Camp Hill, (Ex. A, ~~ 1-12), an inmate's request to be
released from a particular housing and a claim that his placement in that housing
was inconsistent with Department policy, however, does not assert a cognizable
basis for habeas corpus conditions relief, is frivolous, and the Petition may be
properly dismissed without a hearing. Commonwealth ex reI. Fortune v.
Dragovich, 792 A.2d 1257, 1259 (Pa. Super. 2002), appeal denied, 569 Pa. 690,
803 A.2d 732 (2002).
16. The Notice to Attend / Produce also appears to request the
Department's Administrative Manual 6.5.1 pertaining to the Administration of
Security Level 5 Housing Units (~ 12), a document that typically leads to the
invocation of Executive Privilege in that release of the document could affect the
safety and security of the facilities that provide such housing. Should the Court
overrule this Motion, leave is sought to prepare the necessary document to
establish the necessity that production of the document, if necessary, be in camera
and under seal without production to the inmate.
6
17. The remaining requests (~~ 13-16) app(:ar directed to matters that
appeared in the initial Petition and were addressed in the Motion to Dismiss (and
its Exhibits) claims that do not rise to the level of a violation cognizable in habeas
or Curtis procedurally defaulted by failing to file a grievance on some of the issues
or, where a grievance was filed, Curtis failed to fully (:xhaust his appeals to prison
authorities before this action was brought.3
WHEREFORE, for all the foregoing reasons, Respondents request the
entry of an Order striking the Notice to Attend / Produce and the Court is further
requested to grant such other relief as may be necessary, just, and appropriate
under the circumstances.
3 As Curtis knows, the Department has a Policy, DC-ADM 003, entitled "Release
of Information," which identifies obtainable inmate information and outlines the
procedure to obtain it. Although not all of the requested material is available to
Curtis through Policy 003, some of it is. The Department's Administrative
Directives are available at <http://www.cor.state.pa.us>. Feigley v. Department of
Corrections, 872 A.2d 189, 192 n.1 (Pa. Cmwlth. 2005). To the extent that Curtis
wants the Respondents to retrieve, photocopy, and produce material that he has
access to under the Policy, he should be required to provide it himself. It has been
held that "there is no First Amendment right to subsidized mail or photocopying.
Reynolds v. Wagner, 128 F.3d 166, 183 (3d Cir. 1997). Indeed, "an inmate does
not have a right to unlimited free postage...or [to] free or unlimited access to
photocopying." Bronson v. Horn, 830 A.2d 1092, 1095-96 (Pa. Cmwlth. 2003),
aff'd, 848 A.2d 917 (Pa. 2004).
7
MOTION FOR PROTECTIVE ORDER AND STAY OF DISCOVERY
OBJECTIONS TO DISCOVl~RY
18. The averments of paragraphs 1-17 above are incorporated by
reference as if fully set forth at length herein.
19. Should the Court determine that the Rules of Civil Procedure are
applicable to this habeas conditions matter, those Rules"... permit the filing of a
motion for a protective order, Pa.R.C.P. No. 4012, and the stay of proceedings by
order of court until disposition of the protective motion, Pa.R.C.P. No. 4013."
Luckett v. Blaine, 850 A.2d 811, 819 CPa. Cmwlth. 2004).
20. Uthe civil procedural rules apply, Curtis has requested leave to file an
amended petition. Generally, the amended pleading withdraws the original
pleading and takes the place of the original pleading in framing the issues and
determining the scope of trial. Standard Pennsylvania Practice 2d S24:49; Fleming
v. Strayer, 367 Pa. 284, 80 A.2d 786 (1951); Hachick v. Kobelak, 393 A.2d 692
CPa. Super. 1978).
21. Given the nature of the case, the fact that Curtis has yet to file the
amended petition, and there has been no decision pertaining to the necessity to
conduct a hearing or the scope of any such hearing. Accordingly, Respondents
respectfully request that an Order be entered protecting Respondents from the
discovery, which is the subject matter of this Motion, and prohibiting discovery
pending further Order of Court; should the stay be lifted in the future, Respondents
8
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IN THE COURT OF COMMON I'LEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS
Petitioner
No.:
vs.
JEFFREY A. BEARD, PH.D.,
COMMISSIONER, DEPARTMENT OF
CORRECTIONS, et.a1.,
Respondents
ORDER OF COURT
On this
day of
, 20 _upon consideration of Petitioner's Notice to
Produce, it is ordered that Respondents shall produce a copy oflthe requested documents herein
and send the documents to the Prothonotary of Cumberland County, Court of Common Pleas and
Petitioner, by way of United States mail.
BY THE COURT
J.
IN THE COURT OF COMMON I)LEAS
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS
Petitioner
No. ()6-2..92.~
vs.
JEFFREY A. BEARD, PH.D.,
COMMISSIONER, DEPARTMENT OF
CORRECTIONS, et.a1.,
Respondents
NOTICE TO PRODUCE
To Jeffrey A. Beard, Ph.D., et. a1..:
You are directed to produce the following:
I) Any and all assessments of Petitioner's confinement status at the "Special
Management Unit" in accordance with any agreed upon objective criteria. For his continued
placement in the Restricted Housing Unit at the State Correctional Institution at Camp Hill
2) Any and all Program Review Committee reports, records and/or files that they
have defined for itself what it is looking for in Petitioner that would cause the PRC to determine
that Petitioner is eligible to return to the general population.
3) Any and all Department of Corrections (DC-3C) Transfer Petition and its
pertinent parts files to transfer Petitioner to the Restricted Housing Unit "Special Management
Unit" from the State Correctional Institution at Smithfield, on March 23, 2005.
4) Any and all psychiatric reports, records, and/or examinations of Petitioner
pertaining to his transfer to the "Special Management Unit."
5) Any and all psychologist reports, records, and/or examinations of Petitioner
pertaining to his transfer to the "Special Management Unit."
6) Any and all psychiatric reports, records and/or files for Petitioner since March 23,
2005, and his transfer to the "Special Management Unit."
7) Any and all psychologist reports, records and/or files, for Petitioner since March
23,2005 and his transfer to the "Special Management Unit."
8) Any and all 30 day review case reports, records lmd/or files to Je.ffrey A. Beard,
Ph.D., Commissioner, pertaining to Petitioner's Administrative Custody since December 20,
2004.
9) Any and all DC-141 Misconduct Reports Petitioner received at SCI-Smithfield,
because of an assault, fighting, and/or any violent act while incarcerated at that institution.
10) Any and all police reports and/or felony or misdemeanor charges filed against
Petitioner during his incarceration at SCI-Smithfield.
II) Administrative manuals DC-ADM 802, Administrative Custody Procedures.
12) Administrative manuals 6.5.1 Administration of Security LevelS Housing Units.
13) Any and all policies by the Department of Corrections which state the standard of
medical received by Petitioner is contingent on his housing unit level.
14) Any and all policies by the Department of Corrections which state Petitioner's
eyeglasses must be taken while being confmed in the Restricted Housing Unit.
IS) Any and all policies by the Department of Corre(;tions that stated Petitioner
cannot have in his possession hardcover books oflaw in the Restricted Housing Unit.
16) Any and all contracts and/or purchase agreements pertaining to Freshmint
toothpaste No. April 3, 1972, produced by Exclusive Distribution New World Imports, MTG-
2
85317--001889, Nashville, TN 37203, issued by Respondents to Petitioner while he is housed in
the "Special Management Unit."
At One Courthouse Square, Carlisle, P A ] 7013, to Curtis R. Long, Prothonotary
Cumberland County and 2500 Lisbum Road, P.O. Box 8837, Camp Hill PA 17001-8837, to
William Curtis AM 8092 by United States mail.
If you fail to produce the documents or things required by this Notice to Produce, you
may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil
Procedure.
Dated: AV6usT:1. ,2005
MJh~{1d:p-
William Curtis, Pro Se
AM 8092
2500 Lisburn Road
P.O. Box 8837
Camp Hill, P'A 17001-8837
3
VERIFICA nON
I, William Curtis, pro se, verify that the statements made in the Notice to Produce are true
and correct to the best of my knowledge, information and belief
These Statements are made subject 0 the Penalties of 18 Pa. C.S.A. 994904 relating to
unsworn falsification to authorities.
(jjdl~ ~.
William Curtis, Pro Se
Dated: AUbUSI'1-
l005
CERTIFICATE OF SERVICI~
I, William Curtis, Petitioner proceeding pro se hereby certifies that a true and correct
copy of the within Petitioner's Notice to Produce has been mailed by way ofSCI Camp Hill,
Mail Department upon the following:
Counsel for the Department
of Corrections, Pennsylvania
2520 Lisburn Road,
Camphill, PA 17011
Dated: A Vb us I L , 2005
By: ~~ ~.
William Curtis, Pro Se
J
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., et aI.,
Respondents.
CERTIFICATE OF SERVICE
I hereby certify that I am this day depositing in the U.S. mail a true and
correct copy of the foregoing Respondents' Application to Strike Notice to Attend
/ Produce and, alternatively, a Protective Order and Discovery Stay upon the
person(s) in the above-captioned matter.
Service by first-class mail
Addressed as follows:
William Curtis, AM-8092
SCI -Camp Hill
P.O. Box 200
Camp Hill, PA 17001
Dated: August 9, 2005
~j
Stacy M. Jan s
Clerical Supervisor 2
Pennsylvania Department of Corrections
Office of Chief Counsel
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
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RECEIVED AUG 11 20t
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS,
Civil Action No. 05-2926
Petitioner,
v.
JEFFREY A. BEARD, Ph.D., et a!.,
Respondents.
AND NOW, thi~ay of
, 2005, upon consideration of
the Respondents' Application to Strike the Notice to Attend I Produce and, in the
alternative, for a Motion for Protective Order and Stay of Discovery, the Motion is
GRANTED and discovery is prohibited pending further Order of Court; should the
stay be lifted in the future, Respondents may provide particularized reasons why
discovery should not be had, or why the discovery should be otherwise barred,
limited or restricted.
/"""
BY THE q)tmT:
/
Edgar B. Bayley, J.
Distribution:
.)IVilliam Curtis, AM-8092, SCI-Camp Hill
jl'imothy 1. Mark, Assistant Counsel ~ . .
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WILLIAM CURTIS
Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
JEFFREY A. BEARD, PH.D.;
COMMISSIONER, DEPARTMENT
OF CORRECTIONS, et. at.
Respondents
05-2926 CIVIL TERM
ORDER OF COURT
AND NOW, this
day of
, 2005, upon consideration of
the Amended Petition for Writ of Habeas Corpus, et. seq., the Court hereby declares that the
decision imposed by Respondents, in the matter of transferring Petitioner on March 23, 2005, to
the "Special Management Unit" at the State Correctional Institution at Camp Hill, pertaining to
William Curtis', Transfer Petition are declared to be illegal and are vacated in accordance with
state and federal law .
BY THE COURT
J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM CURTIS
Petitioner
v.
CIVIL TERM 05-2926
JEFFREY A. BEARD, PH.D.,
COMMISSIONER, DEPARTMENT
OF CORRECTIONS, et. a!.
Respondents
AMENDED PETITION FOR WRIT OF HABEAS CORPUS
L Petitioner William Curtis, is a prisoner proceeding pro se and confined in the
Restricted Housing Unit, sub-unit "Special Management Unit" (SMU) at the State Correctional
Institution Camp Hill, 2500 Lisbum Road, P.O. Box 8837, Camp HilI, Pennsylvania 17001-
8837, a facility operated by the Pennsylvania Department of Corrections.
2. Respondent Jeffrey A. Beard, Ph.D., is Commissioner of the Pennsylvania
Department of Corrections.
3. Respondent Central Office Program Review Committee of the Pennsylvania
Department of Corrections.
4. Respondent Donald Kelchner, is Superintendent at SCI-Camp Hill.
5. Respondent Eugene Brannigan, is Deputy Superintendent for Facility
Management at SCI-Camp Hill.
6. Respondent D. Patton, is Deputy Superintendent for Centralized Services at SCI-
Camp Hill.
7. Each Respondent in Averment No. (2) through (5) has acted under "The Color of
State Law" in their official and individual capacity. And each Respondent is responsible for
Petitioner's "conditions of confinement."
JURISDICTION
8. Original jurisdiction of the Common Pleas Court is based on Pa. Const. Art. I,
~~5.
HISTORY OF THE CASE
9. On March 23, 2005, Petitioner was transferred to the Restricted Housing Unit,
sub-unit "Special Management Unit" (SMU) at the State Correctional Institution at Camp HilI,
while being confmed on Administrative Custody (AC) status in the Restricted Housing Unit at
the State Correctional Institution at Smithfield. Both facilities are operated by the Pennsylvania
Department of Corrections.
10. On June 16,2005, Petitioner filed a Writ of Habeas Corpus, with respect to his
conditions of confmement in the Common Pleas Court of Cumberland County. By order of June
16, 2005, this court entered a rule to show cause why the relief requested should not be granted.
I I. Petitioner believes and therefore avers, that Respondents Jeffrey A. Beard, and the
Central Office Program Review Committee, should have known, that their established state
procedures in place, pertaining to Petitioner's transfer petition DC-3C, did not afford an
appropriate due process baseline prior to subjecting him to the "atypical and significant
hardship" and harsh treatment of the Restricted Housing Unit, sub-unit "Special Management
Unit," and these acts are not permitted under U.S.c.A. Const. Amend. 14 and Title 37 Pa. Code
~~93.II(b).
2
12. At SCI-Camp Hill's Restricted Housing Unit, sub-unit "Special Management
Unit" Respondents, servants, agents, and/or employees, escort Petitioner to each Program
Review Committee hearing in an extremely repressive, humiliating and demeaning manner.
Petitioner is handcuffed behind his back with a (tether attachment) which is defined as
"something (as a rope) by which an animal is fastened. The tether is attached to their handcuffs,
which is being held and pulled from behind, by one of the Respondent's servants, agents, and/or
employees.
13. Petitioner believes and therefore avers that Respondents are very aware there are
far less repressive restraints, which are a reasonable alternative for the tether, and their failure to
act is not in good faith.
14. During the "Special Management Unit's" (PRC) hearing on May 31, 2005,
Respondents did not present any special information, circumstantial or substantial evidence as to
why Petitioner should be confined in the Restricted Housing Unit (SMU) without the release of
all of his personal property or released to SCI-Camp Hill's general population or transferred to a
different correctional institution.
15. Respondents established state procedures for the "Special Management Unit"
hearing fail to provide adequate standards by which Petitioner may gauge his conduct from the
past, now, or future conduct and the acts are prohibited by U.S.C.A. Const. Amend. 14, Pa.
Const. Art. I, ~~1,1.
16. Petitioner believes and therefore avers, that Respondents DC-141 Part III (PRC)
decision and its rational dated May 31, 2005, stating that Petitioner's "overall behavior in need
of improvement," and "he often questions them on policy and procedure" is a non-legitimate
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rationale based on personal bias or other factors not proper for consideration, to continue phase
(4) punishment and these acts are not permitted under Title 37 Pa. Code ~~93.II(b).
17. For the reason that, prior to May 31, 2005, Petitioner asked question pertaining to
various acts of regression and retraction as to why his treatment and/or services, and privileges
on Administrative Custody at the (SMU) are below the standard for disciplinary custody
throughout the entire state correctional system, and impeding his process for asking pertinent
questions pertaining to his condition of confmement is not permitted under U.S.C.A. Const.
Amend. I, and Pa Const., Art. I, ~~ 1,20.
18. To date, Respondents have had contact with various complaints filed by Petitioner
pertaining to conditions and categories as follows in accordance with form DC-135A and DC
ADM 804;
A) SCIC-No. 114926, dated April 8, 2005, "Confiscation of Eyeglasses."
B) SCIC-No. 116163, dated April 19, 2005, "Confiscation of Personal chattle
of non-market value," "Confiscation of personal chattIe of market value
law books.
C) Request Form DC-135(A) to Respondents agent Robert Marsh, Unit
Manager for "Special Management Unit," pertaining to issuing toothpaste
by the name of (Freshmint) with an expiration date of 4/3/72.
D) SCIC-No. 118128, dated May 13,2005, the damaging of copied
documents, "Reopening mail and removing staples" contrary to DC-ADM
6.5.1 (J)(6)(A)(4) and (J)(6)(A)(6).
E) SCIC-No. 118415, dated May 23, 2005, "Level of medical care for
Petitioner's skin reaction is contingent on his Housing Unit Level."
F) SCIC-No. 120269, dated June 12,2005, "Confiscation of pamphlets, State
Ethics Commission and Title 49. Nursing law and Pa. Code" redefining
these pamphlets as books for confiscation.
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19. Additional contact with Respondents has been made in an effort to prevent a
continuation of at risk health concerns during (PRC) reviews, such as Respondents unsanitary
procedure for issuing fmgernail and toenail clippers, these acts are not permitted under Pa.
Const. Art. I, SS 13.
20. On June 28, 2005, twelve (12) days, after the Honorable Court issued a "Show
Cause Order" to Respondents then during their (PRC) review meeting they unenigmatically
advanced Petitioner to the "Special Management Units" Phase (3), refusing Petitioner's
reasonable request that the (PRC) release him to general population or transfer Petitioner to a
state correctional institution to be released to general population.
21. That Respondents acts and omissions continue to create a severe disability and
loss of function that affects Petitioner. The confiscation of his eyeglasses on March 23,2005,
continues a loss of vital function. A condition that "significantly affects an individual's daily
activities" is serious. Koehl v. Dalsheim, 85 F.3d 86, 88 (2d Cir. 1996) (loss of vision) U.S.C.A.
Const. Amend. 8, and Pa. Const. Art. I, SSI, 13.
22. Petitioner believes and therefore avers, that Respondents continue to subject him
to using toothpaste by the name of (Freshmint) net wt. 2.75 OZ, with an expiration date of April
3, 1973, (33) years past its legal use for human consumption and that there might be a danger to
his mouth, tongue, gums, teeth, and throat and Petitioner not knowing it, or he might be what is
defined as a "future-a person who is not sick now but, may some day get sick." McKinney, 509
U.S. 25 (1993) (Future Injury) U.S.CA Const. Amend. 8, and Pa. Const. Art. I, SSI, 13.
23. Respondents acts and omissions have subjected Petitioner to sleep deprivation.
Incessant light in the cell Respondents assigned him. An intentional infliction of emotional
distress [it's punitive punishment] -light on all night.
5
24. Respondents are responsible for poor and faulty building maintenance of the (E)
Housing Unit infrastructure. Incessant noise, a continuing clanging noise, banging noise, hissing
and pinging noise, pounding and knocking noise in between the cell walls. This variety of
incessant noise pollution being caused in or around installation pipes, fiberglass duct canals
and/or pipes for plumbing and heating. The noise pollution is more intensified at night, causing
Petitioner sleep deprivation.
25. Respondents acts and omissions continue to expose Petitioner to potential harm
from infectious disease such as HIV / AIDS, Hepatitis B, C, finger nail infection and foot fungus
during shower period since the "Special Management Unit," permits toe nail clippers and finger
nail clippers to be passed from one inmate to another without first dipping the grooming
instruments into a virus or bactericidal disinfectant and these acts are not permitted under P.S.
Title 35 Health and Safety, Pa. Const. Art. I, ggl, I3 and U.S.C.A. Const Amend. 8.
26. Respondents servants, agents, and/or employees denied Petitioner's reasonable
request on March 24, 2005, to (PRe) that he be given his moisturizing soap for his extremely dry
skin and body lotion. Respondents told Petitioner to make a request to the medical department if
he had skin problems and that he may be charged a co-pay medical fee.
27. Because Respondents acted indifferently to Petitioner's serious medical need and
denied Petitioner his moisturizing skin soap and body lotion Petitioner developed a skin reaction.
A skin rash with itchy and scaly skin.
28. Respondents acts and omissions in Averments No. (26) and (27) resulted into
Petitioner being examined by a Physician Assistant Newfield, who prescribed a moisturizing
skin lotion for Petitioner, because of a skin reaction.
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29. On May 10,2005, Petitioner was unnecessarily denied the renewal of his skin
medication by Physician Assistant Newfield, and she stated she was given an order by (SMU)
personnel not to provide Petitioner a moisturizing skin lotion because of his housing level (SMU)
Phase IV.
30. Petitioner believes and therefore avers that Respondents act and omissions have
created conditions such as:
A) Confiscation of eyeglasses (loss of vision);
B) Denial of skin medication (skin reaction);
C) Incessant noise pollution (sleep deprivation);
D) Incessant cell light (sleep deprivation);
E) Unsanitary and unsafe grooming instruments (fatal infections diseases);
and
Circumstances alone present a risk of irreparable harm to Petitioner and it appears that
the totality of these conditions and their magnitude are prohibited by U.S.C.A. Const. Amend 8
and Pa. Const. Art. I, 991, 13.
31. Respondents servants, agents and/or employees reopen all of Petitioner's letters,
legal mail, etc., a second time once his mail arrives to the "Special Management Unit" from the
mail department, which x-rays each piece of incoming mail and inspects each piece of incoming
mail first, therefore, no compelling state interest exist to warrant the opening and inspection of
Petitioner's mail a second time which is not permitted under 6.5.1. Adm. Incoming Mail to
Housing Unit L-5, 6.5.1.(J)(6)(A)(4).
32. Respondents, servants, agents, and/or employees remove staples from all of
Petitioner's legal mail and mail with staples. These non-legitimate acts are deliberately meant to
be obstructive. On several occasions, the corners of many documents were torn completely off
severely damaging each document, which is not permitted under 6.5.1. ADM Incoming Mail to
Housing Unit L-5, 6.5.1 (J)(6)(A)(6).
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33. Petitioner believes and therefore avers, that Respondents deliberately withheld the
Honorable Court's Rule to Show Cause Order, which was postmarked June 18,2005, and
Respondents, did not give this important legal mail to him until June 30, 2005.
34. Petitioner believes and therefore avers, that Respondent's "oral rules" that are not
written on paper have denied Petitioner the following law books:
A) Pennsylvania Criminal Procedure - Form and Commentary by David
Rudovsky and Leonard Sosnov;
B) Pennsylvania Torts - Law and Advocacy by S. Gerald Lituin and Gerald
A. McHugh, Jr.;
C) Pennsylvania Forms for Rules of Civil Procedure;
D) Black's Law Dictionary
and
Because the books of law are hardback books, there is no legitimate compelling state
interest and/or penological purpose for Respondents to deny Petitioner access to his books of
law, so he can defend legal cases other than to impede Petitioner's access to the courts, U.S.C.A.
Const. Amend. I and Pa. Const. Art. I, SSI, 20.
35. Respondents, servants, agents and/or employees refuse to grant Petitioners
reasonable request for an exemption to store the books oflaw in Averment (34) in his personal
property as legal material.
36. On July 5, 2005, Respondents by way of their Incoming Publications Committee
denied Petitioner a book by the name of "Without Sanctuary." Which is a book about American
History and part of America's inimical past, U.S.C.A. Const. Amend. I, and Pa. Const. Art. I,
SSI,20.
37. In a USA Today Newspaper article dated June 13,2005, U.S. Senator Mary
Landrieu, D-LA., made an acknowledgement that the book "Without Sanctuary" persuaded her
to encourage the U.S. Congress to issue an apology for its failure not to pass a anti-lynching bill.
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38. Respondents, servants, agents and/or employees, act with impunity and an adjure
indifference to establish law, for the reason that, they blatantly redefine the following pamphlets
as books to be confiscated:
A) Pa. Code Title 49. Nursing Law and Pennsylvania code, (with the word
pamphlet written on the cover);
B) Title 49 Professional and Vocational Standards and Professional
Counselors Act 136;
C) State Ethics Commission Pamphlet
and
These acts are not permitted under I Pa. C.S.A. ~~ 1903.
39. Petitioner believes and therefore avers, that Respondents Beard and Central
Office Program Review Committee's established state procedures for transferring Petitioner to a
facility for long term confinement, fostered an atmosphere that is void of due process demands
that have genuine substance - not mere paper - shuffling and Respondents have failed to be
assertive and succumb to fainaigue, for the reason that, their transfer procedures for the "Special
Management Unit," furnish no leeway for Petitioner to rebuttal the decision makers. Wilkinson
v. Austin, WL 138, 3625 U.S. 2005.
40. On June 28, 2005, at the "Special Management Unit" (PRC) hearing the
Respondents servants, agents and/or employees at DC-141 Part 1l1, "Rubber Stamped" their May
31,2005, AprilS, 2005, and March 24, 2005, decision that Petitioner's liberty privileges and due
process rights remain a retraction without presenting some evidence to legitimately continue him
in the harsh conditions of Phase (3) of the (SMU) program, by stating to the continued risk he
presents to the safety and security of inmates in any general population."
A) 1. Pa. C.SA SS 1903;
B) Title 37 Pa. Code ~S93.II(b);
C) Pa. Const. Art. I, ~~ I , I;
D) Pa. Const. Art. I, ~~I, 13;
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E) Pa. Const. Art. I, ~~ I, 20;
F) U.S.C.A. Const. Amend. I;
G) U.S.C.A. Const. Amend. 8;
H) U.S.C.A. Const. Amend. 14.
42. Respondents "Special Management Unit" imposes "atypical and significant"
hardship on Petitioner in "relation to the ordinary incidents of prison life."
COMPARISON OF GENERAL POPULATION TO SPECIAL
MANAGEMENT UNIT PHASE III
GENERALPOPULTION
A) Family visits contact at least (5) to (6)
hours each visit with food.
B) Out of cell at least (14) hours daily.
C) Weekly religious services.
D) Education Programming
G.E.D., vocational training, college
courses, therapeutic and social programs.
E) Family telephone calls daily
F) Personal hygiene
Showers daily, without physical restraints
G) Personal hygiene items,
Partial denture plate container, analgesic
tablets, aspirins, Vicks vaporizing
mediation, personal fmger clippers and toe
nail clippers, baby oil and body lotion.
H) Winter clothing, thermals sets; tops and
bottoms, sweat shirts, pants, hats, gloves,
handkerchiefs, insulated boots.
(SMU) PHASE III
A) Non-contact visits (1) hour, with a glass
partition separating the parties. Yet,
Respondents require inmates to appear in
repressive physical restraints "handcuffed."
No food.
B) Out of cell (5) hours each week.
C) None.
D) Cell study programs.
E) One phone each month.
F) Showers only (3) times each week, with
physical restraints.
G) None
H) Winter clothing internal none. Jumpsuits
only clothing, made of same material for
winter and summer. External clothing
coat inadequate lining for frigid winter
temperatures.
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GENERAL POPULTION (cont'd)
I) Exercise yard (3) times a day April through
September, (2) hour intervals, with
recreation track and equipment.
J) Commissary items
Vast varieties of food and concessions, non-
food materials and cosmetics.
K) Grooming and shaving each day. Haircuts
one each month.
L) Free from physical restraints. No strip
searches leaving and returning to cell.
M) Regular scheduling of law library session,
with Sheppard Citation books, and current
state and federal rule changes, Atlantic
Reporter 2D and Pennsylvania Reporter,
Federal Reporter 3D, etc.,
N) Typewriter, to produce legal documents,
walkman, television, radio and musical
instruments.
0) General population
No guard escorts.
(SMU) PHASE III (cont'd)
I) Exercise yard (I) hour (5) days each week
and no recreation equipment.
J) Limited commissary purchase list.
K) Shaving only (3) times each week. Since
3/23/05, nearly (4) months in passing
Petitioner, has seen a barber on (SMU) (E)
Unit one time by court order, for an
inmate's court appearance.
L) Physical restraints and strip searched
constantly leaving and returning from cell;
physical restraints handcuffs, leg iron
shackles and tether (animal rope).
M) (SMU) mini law library inadequate. No
Sheppard Citation, and deficient in a vast
array oflegal information. Scheduling is
inconsistent.
N) Radio
0) (SMU) no movement without a (3) or (4)
guard escort.
43. Respondents handbook for (SMU) inmates at page (2) Phase IV (stating, in
pertinent part, the First Administrative Custody Phase.. .inmates will receive the required
minimum privileges and services established by (ADM 802).. .inmates will have no services
beyond the Phase V inmates). Phase V meaning, "Disciplinary Custody Inmates."
11
44. Petitioner believes and therefore avers, that Respondents acts and omissions to
punish him to services and privileges a standard on equal measure under Disciplinary Custody
(ADM 801) while Petitioner's Disciplinary Custody sanction expired on December 20, 2004 at
the State Correctional Institution at Smithfield, and to subject Petitioner to the services of
disciplinary punishment while he is sanction to Administrative Custody (ADM 802) from March
23, 2005, until July 9, 2005, and now subjecting Petitioner to the retracted and strict conditions
of the (SMU) Phase III and their refusal to transfer Petitioner to a general population is an act of
punitive punishment and the like which appears to be specifically prohibited by:
A) I Pa. C.S.A. ~~ 1903(A) (stating, in pertinent part, words and phrases shall
be construed according to rules of grammar and according to their
common and approved usage;....);
B) Title 37 Pa. Code ~~93.l1(b)(stating, in pertinent part, precludes the
presence of punitive punishment in Administrative Custody..);
C) Pa. Const. Art. I, ~~ 1,13 (stating, in pertinent part, no deprivation of a life,
liberty, or property without due process of law...);
D) Pa. Const. Art. I, ~~I,13 (stating, in pertinent part, guarantee against cruel
and unusual punishment. . .);
E) Pa. Const. Art. I, ~~ I ,20 (stating in pertinent part, right to petition, to
apply to those investigated with the power of government for redress of
grievances... );
F) First Amendment U.S. Const. (stating in pertinent part, congress shall
make no law, prohibiting, or abridging, the right to petition the
government for redress...);
G) Eighth Amendment U.S. Const. (stating in pertinent part, nor cruel and
unusual punishments inflicted.);
H) Fourteenth Amendment U.S. Const (stating, in pertinent part, nor shall nay
state deprive any person of life, liberty, or property without due process of
law, nor deny to any person.. . the equal protection of the law).
45. Moreover, Petitioner's record does not "fully" support a conclusion that
Respondents Beard and the Central Office Program Review Committee should have approved a
Transfer Petition to sanction Petitioner to the harsh treatment of the "Special Management Unit."
12
46. Petitioner's confinement to the "Special Management Unit" cannot reasonably be
related to him being a security risk since Petitioner did not receive a misconduct report No.
A267662, on November 21, 2004, that inmates are transferred for (SMU) placement.
47. Petitioner believes and therefore avers, that Respondents, servants, agents, and/or
employees initial motive and intent to sanction Petitioner to long-term confinement and/or
(SMU) is retaliatory because of Petitioners grievance activity.
CLAIMS
FIRST CAUSE OF ACTION
48. All acts and omissions of Respondents in Averments 18,38,44, violated Title I
Pa. C.S.A. 991903.
49. Petitioner under Title I Pa. C.SA 991903 right to be free from:
A) Erroneous and deliberate obstructions to reading materials;
B) Interpretations of "words and phrases" that are defiant to logic and reason;
C) Acts of impurity that are pernicious and destructive.
SECOND CAUSE OF ACTION
50. All acts and omissions of Respondents in Averments II, 14, IS, 18, 34, 39, 40,
42,44,46, violated Petitioner's Pa. Const. Art. I, 991,1 and Fourteenth Amendment
Constitutional Rights.
51. Petitioner's Pa. Const. Art. I, 991,1 and Fourteenth Amendment Rights to be free
from:
A) Denial of an adequate opportunity to be heard before the transfer and fair
opportunity to rebuttal the decision makers;
B) Procedures that arbitrarily abrogate and systematically fail to provide due
process;
13
C) Confinement in harsher conditions under Administrative Custody since
March 23, 2005, than received from a sanction of (30) days disciplinary
custody under Misconduct Report No. 267662, from November 21, 2004,
until December 20, 2004;
D) Summary punishment and punitive punishment;
E) Denial of legitimate books of law to defend legal cases;
F) "Rubber Stamp" and vague written responses of the PRC on DC-141 Part
III, stating that "Petitioner is a serious risk to any staff and inmate at any
general population";
G) Obstruction in preparing legal papers for the courts. Denial of access to
the paper stapler and no Sheppard Citations in R.H.U. Law Library.
THIRD CAUSE OF ACTION
52. All acts and omissions of Respondents in Averments 12, 18, 19,21,22,23,24,
25,26,27,29,30,44, violated Petitioner's Pa. Const. Art. I, ~~I,13 and Eighth Amendment
Constitutional Rights.
53. Petitioner's Pa. Const. Art. I, ~~1,13 and Eighth Amendment Constitutional
Rights to be free from:
A) Excessive strip searches with 6 or 7 Respondents agents, servants and/or
employees watching;
B) Physical restraints such as a tether that is degrading, humiliating and used
as in instnunent to intimidate;
C) Incessant noise pollution which is more intensified at night causing sleep
deprivation because of faulty infrastructure maintenance;
D) Incessant light causing sleep deprivation, cell light on all night, instrument
of psychological torture;
E) Deliberate indifference to force the consrunptiolJ of a toothpaste with an
expiration dated April 3, 1972, which may cause future injury;
F) Deliberate indifference to (loss of vision) and headaches due to
confiscation of eyeglasses.
14
G) Deliberate indifference to a medical need forced to use soap that caused a
skin reaction.
H) Deliberate indifference exposure to infectious disease such as HIY/AIDS,
Hepatitis B, C, and foot fungus, disinfectant not used on toenail and
fmgemail grooming instruments.
FOURTH CAUSE OF ACTION
54. All acts and omissions of Respondents in Averments 16, 17, 18,32,34,35,36,
38,44,47, violated Petitioner's Pa. Const. Art. I, ~~1,20 and First Amendment Constitutional
Rights.
55. Petitioner's Pa. Const. Art. I, ~~ 1,20 and First Amendment Constitutional Rights
to be free from:
A) Punitive transfer to the (SMU) for asserting First Amendment Rights;
B) Arbitrary and capricious acts meant to chill redress against state
employees;
C) Censorship of a publication about American History by the title of
"Without Sanctuary":
D) Redefmition of Department of State Pamphlets as books so they can be
confiscated and destroyed;
E) The denial of access to legitimate hardback books of law in the "Restricted
Housing Unit" to defend legal cases;
F) Typewriter being prohibited in the "Restricted Housing Unit" to prepare
legal documents for court.
FIFTH CAUSE OF ACTION
56. All acts and omissions of Respondents in Averments II, 18,21,22,31,43,44,
45, violated Petitioner's rights under Title 37 Pa. Code ~~93.II(b).
57. Petitioner's Title 37 Pa. Code ~~93.II(b) rights to be free from:
A) Punitive Administrative Custody and confinement under (DC-ADM 802);
15
B) Privileges and rights retractions which are significant modification while,
confined to Administrative Custody that the retraction of these acts are
below the established standards for disciplinary custody confinement
throughout the Pennsylvania Department of Corrections;
C) The condition of confinement that are an "atypical and significant"
hardship while being subjected to Administrative Custody with the denial
of the release of my personal property and all privileges restored;
D) Physical restraints "handcuffing" during non-contact visits, which is a
vivid illustration of punitive punishment.
SPECIAL RELEIF
WHEREFORE, Petitioner request this Honorable Court to grand the following relief:
A) Issue a Declaratory Judgment that Respondent's violated the United States
Constitution and Pennsylvania Constitution and State Laws when
Respondents:
I) Use excessive cavity and strip searches that are an instrument for
harassment, degradation, humiliation, and intimidation.
2) Use physical restraints (tether attachment) that is not banal an
unnecessary a instrument for harassment, degradation, humiliation,
and intimidation.
3) Permit incessant loud noise at night causing sleep deprivation, noise in
between walls of building because offault infrastructure maintenance.
4) Permit incessant light, cell light on all night causing sleep deprivation.
5) Are wholly responsible for deliberate indifference to fundamental
basic hygiene need when they force the use of a toothpaste by the
name of Freshmint with an expiration date of April 3, 1972.
6) Are wholly responsible for deliberate indifference, which is causing
physical pain "headaches" loss of vision "confiscation of eye glasses."
7) Are wholly responsible for deliberate indifference to medical need
causing a skin reaction.
16
8) Expose Petitioner to infections disease such as Hepatitis B, C, and
HIV/AIDS, fingernail infection and foot fungus, non-disinfecting of
grooming instruments.
9) Refuse to transfer Petitioner or release Petitioner to general population.
10) Act with impunity to redefine words and phrnses to limit information
on redress by confiscation and destruction of information, an act of
collusion and/or complicity.
II) Act contrary to 6.5.1. Administration of Security LevelS Housing
Units 6.5. I (J)(6)(A)(4) and 6.5. I (J)(6)(A)(6) and remove staples
severely damaging legal documents and reopening and reading maiL
12) Stop or impede access to petition the court and denial of possession to
legitimate books of law to defend legal cases.
13) Are wholly responsible for transfer petition procedures, which are
deficient of due process.
14) Are wholly responsible for censorship of legitimate publications of
American History.
15) Continue the confinement of Petitioner in punitive Administrative
Custody abrogating due process creating "atypicial and significant"
hardship.
B) Issue and injunction ordering Respondent's and their servants agents
and/or employees:
I) To refrain from conduct that impedes or stops access to the court.
2) To refrain from excessive force, intimidation and harassment and false
misconduct reports directed towards Petitioner for filing this suit of
law in court.
3) To stop censorship ofthe American History book by the name of
"Without Sanctuary" and return publication.
4) To refrain from the denial of appropriate and necessary personal
hygiene items.
5) Return Petitioner's eyeglasses and all personal property.
6) Transfer Petitioner or release Petitioner to general population.
17
7) To stop censorship that prevents the retention of information by
arbitrarily redefining words and phrases.
8) To rescind the use of (DC-ADM 802) policies and practices pertaining
to the "Special Management Unit"
C)
A) Grant that a meaningful review of the facts herein is warranted.
B) Grant compensatory and punitive damages for placement in the (SMU)
Phase IV March 23, 2005, in conditions below the standard of
disciplinary.
Respectfully submitted,
tdt~&~
William Curtis, pro se
Dated: AUbUS T 2-S-
,2005
1B
EXHIBITS
A. DC-141 Part III, Program Review Committee decision of March 24, 2005
B. DC-141 Part III, Program Review Committee decision of AprilS, 2005.
C. DC-141 Part III, Program Review Committee decision of May 31, 2005.
D. DC-141 Part III, Program Review Committee decision of June 28, 2005.
DC-141 PART 111
PROGRAM REVIEW COMMITTEE ACTION
_Misconduct Appeal xx Periodic Review
DC Number
AM-8092
Name
CURTIS, William
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
_Other
Institution
SCIC
No. from PART 1
PROGRAM REVIEW COMMITTEE'S DECISION AND ITS RATIONALE
DATE OF CURRENT PLACEMENT IN THE SMU PROGRAM: 03/23/05
CURRENT STATUS: DC_ AC XX
CURRENT PROGRAM PHASE: Phase 4
DATE ENTERED PHASE: 03/23/2005
SENDING INSTITUTION: SCI-SMI
SCI-CAMPHILL. REVIEW # INITIAL
# OF MISCONDUCTS SINCE SMU
PLACEMENT: 0
# OF SMU PLACEMENTS: 1st
DC MAXIMUM DATE:
SPECIAL MANAGEMENT UNIT TEAM PROGRESS REPORT AND RECOMMENDATIONS:
The SMU PRC recommends no change in Mr. Curtis' current Phase 4 AC status. This is Mr. Curtis'
initial SMU PRC since his reception from SCI-Smithfield on 03/23/2005. Staff have noted no issues of
concern since reception.
The SMU PRC votes to continue Mr. Curtis in Phase 4 of the SMU program due to the continued risk
he presents to the safety and security of inmates in any general population.
Additional Comments:
DECISION RELATIVE TO HEARING COMMITTEE'S VERDICT
Not Applicable
Sustain
Sustain-Amend
Names of Program Review Committee
Members
---
Rrt 5"....).;
LT
SUPERINTENDENT r
. . ,; roO
CC: DC-15, DC-14, Inmate, File ~J'~ )-""
."
Refer Back For Further Study
Exonerate Inmate
.
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I ': ,
.'V
DC-141 PART 111
PROGRAM REVIEW COMMITTEE ACTION
_Misconduct Appeal xx Periodic Review
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
_Other
DC Number
AM-8092
Name
CURTIS, William
Institution
SCIC
No. from PART 1
PROGRAM REVIEW COMMITTEE'S DECISION AND ITS RATIONALE
DATE OF CURRENT PLACEMENT IN THE SMU PROGRAM: 03/23/05
CURRENT STATUS: DC_ AC XX
CURRENT PROGRAM PHASE: Phase 4
DATE ENTERED PHASE: 03/23/2005
SENDING INSTITUTION: SCI-SMI
SCI-CAMPHILL, REVIEW # 1"
# OF MISCONDUCTS SINCE SMU
PLACEMENT: 0
# OF SMU PLACEMENTS: 1"
DC MAXIMUM DATE:
SPECIAL MANAGEMENT UNIT TEAM PROGRESS REPORT AND RECOMMENDATIONS:
The SMU PRC recommends no change in Mr. Curtis' current Phase 4 AC status. There were no
misconducts this review and housing reports reflect a satisfactory adjustment this review.
The SMU PRC votes to continue Mr. Curtis in Phase 4 of the SMU program due to the continued risk
he presents to the safety and security of inmates in any general population.
Additional Comments:
DECISION RELATIVE TO HEARING COMMITTEE'S VERDICT
Not Applicable
Sustain
Sustain-Amend
Refer Back For Further Study
Exonerate Inmate
Names of Program Review Committee
Members /'
c...Dc;
SUPERINTENDENT
'I'"
Date
M 1rI--4 H
~
___.......f'
411J' ()~
lj-5-o
k'u,u.s
Co~L
LlIITTI
.
CC: DC-15, DC-14, Inmate, File
DC-141 PART 111
PROGRAM REVIEW COMMITTEE ACTION
_Misconduct Appeal xx Periodic Review
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
_Other
DC Number
AM-8092
Name
CURTIS, William
Institution
SCIC
PROGRAM REVIEW COMMITTEE'S DECISION AND ITS RATIONALE
DATE OF CURRENT PLACEMENT IN THE SMU PROGRAM: 03/23/05
No. from PART 1
SENDING INSTITUTION: SCI-SMJ
CURRENT STATUS: DC_AC XX
CURRENT PROGRAM PHASE: Phase 4
SCi-CAMPHILL. REVIEW # 3rd
DATE ENTERED PHASE: 03/23/2005
# OF MISCONDUCTS SINCE SMU
PLACEMENT: 0
# OF SMU PLACEMENTS: 1st
DC MAXIMUM DATE:
SPECIAL MANAGEMENT UNIT TEAM PROGRESS REPORT AND RECOMMENDATIONS:
The SMU PRC recommends no change in Mr. Curtis' current Phase 4 AC status. There were no
misconducts this review and housing reports reflect overall behavior in need of improvement. All staff
note Mr. Curtis' failure to interact positively with staff. Staff also indicates he often questions them on
policy and procedure and presents a poor attitude when he does not agree with the answer. Mr.
Curtis was submitted for a phase advancement, but received little staff support.
The srvtlJ PRC votes to continue Mr. Curtis in Phase 4 of the SMU program due to the continued risk
he presents to the safety and security of inmates in any general population.
Additional Comments:
DECISION RELATIVE TO HEARING COMMITTEE'S VERDICT
Not Applicable
Sustain
Sustain-Amend
Refer Back For Further Study
Names of Program Review Committee
Members
/.A1I4ri
J: {(oSL<lh
(jJ, Co Ui..
/,MMA1
L--r:
C-Cl~
o
SUPERINTENDENT
CC: DC-15, DC-14, Inmate, File
Exonerate Inmate
DC-141 PART 111
PROGRAM REVIEW COMMITTEE ACTION
_Misconduct Appeal xx Periodic Review
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
_Other
DC Number
AM-B092
Name
CURTIS, William
Institution
SCIC
No. from PART 1
PROGRAM REVIEW COMMITTEE'S DECISION AND ITS RATIONAL
DATE OF CURRENT PLACEMENT IN THE SMU PROGRAM: 03/23/05
SENDiNG INSTITUTION: Sel-SMI
CURRENT STATUS: DC_ AC XX
CURRENT PROGRAM PHASE: Phase 4
SCI-CAMPHILL, REVIEW # 4'd
DATE ENTERED PHASE: 03/23/2005
# OF MiSCONDUCTS SINCE SMU
PLACEMENT: 0
# OF SMU PLACEMENTS: 1st
DC MAXIMUM DATE:
SPECIAL MANAGEMENT UNIT TEAM PROGRESSHEPORT AND RECOMMENDATIONS:
The SMU PRC votes to advance Mr. Curtis to phase 3 AC status. There were no misconducts this
review and housing reports reflect overall improved behavior this review.
The SMU PRC votes to continue Mr. Curtis in Phase 3 of the SMU program due to the continued risk
he presents to the safety and security of inmates in any general population.
Additional Comments:
DECISION RELATIVE TO HEARING COMMITTEE'S VERDICT
Not Applicable
Sustain
Sustain-Amend
Refer Back For Further Study
Exonerate Inmate
Names of Program Review Committee
Members
Si natures
Date
Cch
/AANl1
v- C.G-
f
SUPERINTENDENT
CC: DC-15, DC-14, Inmate, File
VERlFICA nON
I verify that the facts set forth in this complaint are true and correct to Affiant's personal
knowledge and that any false statements therein are made subject to the Penalties ofthe Crime
Code 18 Pa. C.S ~~4904 relating to unsworn falsification to authorities.
Respectfully submitted
~-~
William Curtis, Pro Se
Dated: AUGu.sT L 5 2005
)
CERTIFICATE OF SERVICE
I, William Curtis, hereby certify that a true and correct copy of the within Amended
Petition for Review of Petitioner has been mailed by way ofSCI-Camp Hill, Mail Department
upon the following:
Counsel for the Pennsylvania
Department of Corrections
2520 Lisbum Road,
Camphill, P A 170 II
Dated: !1ubu.sT 7... 5' ,2005
By:
Uidlu~ &dib
William Curtis, Pro Se
Q.
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