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HomeMy WebLinkAbout05-6020IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION CAMP HILL, Plaintiff, V. SHAWN PRESSLEY, Defendant NOTICE TO DEFEND No. UJ-GU,)U ?tA-41 Civil Action - Equity You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17105 (717)-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION No. CAMP HILL, Civil Action - Equity Plaintiff, V. SHAWN PRESSLEY, Defendant COMPLAINT AND NOW, comes the Plaintiff, Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, by and through its undersigned counsel avers the following in support of this Complaint: 1. This action is brought in the Court's original jurisdiction. 2. Plaintiff is the Commonwealth of Pennsylvania, Department of Corrections. 3. Plaintiff is an executive agency of the Commonwealth of Pennsylvania responsible for administering the state correctional system, including the State Correctional Institution at Camp Hill (SCI-Camp Hill). 4. Defendant Pressley is an inmate presently incarcerated at SCI-Camp Hill. 5. Since October 25, 2005, Defendant Pressley has refused to eat his meals. 6. As of Tuesday, November 22, 2005, Mr. Pressley missed more than 75 meals. 7. Mr. Pressley has been engaged in at least three other hunger strikes, the last of which ended approximately six months ago. None of the other strikes lasted as long as Mr. Pessley's current strike. 8. During the last week, Mr. Pressley refused to be medically examined or weighed by staff at SCI Camp Hill. 9. By denying medical staff access to test results, the Department of Corrections is unable to completely evaluate his physical condition. 10. On February 6, 2005, Mr. Pressley weighed 206 pounds. 11. On November 11, 2005, the last time that Mr. Pressley consented to being weighed, Mr. Pressley weighed 156 pounds. 12. On the morning of Monday, November 21, 2005, Mr. Pressley initially appeared to be unresponsive and lethargic when staff entered his cell during a.m. pill line. 13. It is the opinion of Dr. David Underwood, Staff Physician at SCI-Camp Hill, that Inmate Pressley will be in imminent danger of the loss of life or other irreparable harm unless he eats. (See Affidavit of Dr. Underwood attached hereto as Exhibit "A"). 14. It is impossible to predict the exact point at which Mr. Pressley's condition may result in immediate, severe, and irreparable harm. 15. Mr. Pressley will die or suffer immediate and severe irreparable harm if he continues to refuse nutrition and hydration. 16. Permitting Inmate Pressley to engage in a suicidal act by refusing to eat will cause a significant disruption to the orderly administration of SCI-Camp Hill. The effects of his death would demoralize the staff and instill the belief in the inmate population that the prison administration caused and permitted Inmate Pressley's death. This will lead to animosity toward the staff and undermine confidence in prison authority. WHEREFORE, based on the foregoing, the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, requests this Court to enter an Order: (a) Authorizing the Plaintiff or Plaintiff's designee to involuntarily examine and perform invasive diagnostic tests, including blood and urine tests, and an electrocardiogram, on Defendant and to administer medical treatment, including nutrition and hydration as may, in the opinion of medical staff, be necessary to preserve Defendant's health and life. (b) Providing such other relief as this Court deems proper. Respectfully submitted, Office of General Counsel BY: eron R. Per Assistant Counsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Attorney ID No. 200935 Date: November 22, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION No. CAMP HILL, Civil Action - Equity Plaintiff, V. SHAWN PRESSLEY, Defendant VERIFICATION I, Dr. David C. Underwood, am a staff physician at the State Correctional Institution at Camp Hill and am authorized to make this verification. I have reviewed the attached Complaint with respect to the involuntary treatment of Shawn Pressley. I hereby verify that the allegations contained in the attached Complaint are true and correct to the best of my knowledge, information and belief. I make this verification subject to the penalties under 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: Dr. David C. Underwood Staff Physician SCI-Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION No. CAMP HILL, Civil Action - Equity Plaintiff, V. SHAWN PRESSLEY, Defendant PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint was served on the person and in the manner indicated below: Personal service by hand-delivery Shawn Pressley, CG-4129 SCI-Camp Hill 2500 Lisburn Road, P.O. Box 8837 Camp Hill, PA 17001-88371 T'?2z z Richard L. Southers Special Management Unit Manager SCI-Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION No. CAMP HILL, Civil Action - Equity Plaintiff, V. SHAWN PRESSLEY, Defendant UNSWORN AFFIDAVIT I, Doctor David C. Underwood, state the following: I. I am a doctor of osteopathy licensed to practice medicine in the Commonwealth of Pennsylvania. I am currently a staff physician at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"). 2. I am familiar with Shawn Pressley ("Pressley"), who is an inmate at SCI-Camp Hill. 3. Since October 25, 2005, Mr. Pressley has refused to eat his meals. 4. As of Tuesday, November 22, 2005, Mr. Pressley missed more than 75 meals. 5. Mr. Pressley engaged in at least three other hunger strikes, the last ofwhich ended approximately six months ago. None of his previous strikes lasted as long as his current strike. 6. Mr. Pressley has expressed no reason for this hunger strike. 7. During the last week, Mr. Pressley refused to be medically examined or weighed by staff at SCI Camp Hill. 8. By denying staff access to test results, we are unable to determine the specific damage to his body or the immediate threat to his life. 9. On February 6, 2005, Mr. Pressley weighed 206 pounds. On November 11, 2005 (the last time Mr. Pressley allowed himself to be weighed), Mr. Pressley weighed 156 pounds. 10. It is impossible to predict the exact point at which Mr. Pressley's condition may result in immediate, severe, and irreparable harm. 11. Mr. Pressley will die or suffer other immediate and severe irreparable harm if he continues to refuse nutrition and hydration. 12. It is my opinion that Inmate Pressley will be in imminent danger of the loss of life or other irreparable harm unless he eats. I understand that this statement is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to Dated: i/ maw Dr. David C. U Staff Physician SCI-Camp Hill ,l_?t/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, V. SHAWN PRESSLEY, :No. _ Civil Action Equity Defendant PROOF OF SERVICE I hereby certify that a true and correct copy of the Unsworn Affidavit was served on the person and in the manner indicated below: Personal service by hand-delivery Shawn Pressley, CG-4129 SCI-Camp Hill 2500 Lisburn Road, P.O. Box 8837 Camp Hill, PA 17001-88371 V LV-4j- Richard L. Southers Special Management Unit Manager State Correctional Institution at Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION No. CAMP HILL, Civil Action - Equity Plaintiff, V. SHAWN PRESSLEY, Defendant APPLICATION FOR EX PARTE PRELIMINARY INJUNCTION Pursuant to Pa. R.C.P. 1531, the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, petitions this Honorable Court to issue an order ex parte granting the concurrently filed Motion for a Preliminary injunction pending a hearing because of the following: 1. Plaintiffs Complaint and Motion for Preliminary Injunction in this matter are incorporated by reference as if fully set forth herein. 2. Defendant will suffer irreparable harm, possibly resulting in death, if the relief sought is not immediately granted. 3. Immediate relief, as requested, is necessary to sustain the life and health of the Defendant pending the adjudication of this matter. 4. WHEREFORE, Plaintiff requests this Court to ex parte order a preliminary injunction permitting Plaintiff or Plaintiffs designee, to involuntarily examine and perform invasive diagnostic tests, including blood and urine tests, and an electrocardiogram, on Defendant and to administer medical treatment, including nutrition and hydration as may, in the opinion of medical staff, be necessary to preserve Defendant's health and life pending the adjudication of this matter. Respectfully submitted, Assistant Counsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Attorney ID No. 200935 Office ofGneral Counsel BY: heron R. Pel z Date: November 22, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION No. CAMP HILL, : Civil Action - Equity Plaintiff, V. SHAWN PRESSLEY, Defendant PROOF OF SERVICE I hereby certify that a true and correct copy of the Application for Ex Parte Preliminary Injunction was served on the person and in the manner indicated below: Personal service by hand-delivery Shawn Pressley, CG-4129 SCI-Camp Hill 2500 Lisburn Road, P.O. Box 8837 Camp Hill, PA 17001-88371 -4z z x? Richard L. Southers Special Management Unit Manager SCI-Camp Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION CAMP HILL, Plaintiff, V. SHAWN PRESSLEY, Defendant No. Civil Action - Equity MOTION FOR PRELIMINARY INJUNCTION 1. Plaintiffs Complaint in this matter is incorporated by reference as if fully set forth herein. 2. Defendant will suffer immediate, severe, and irreparable harm possibly resulting in death if ongoing, involuntary medical treatment, including nutrition and hydration, are not permitted. 3. Based upon the facts set forth in the Complaint and in Plaintiffs concurrently filed Application for Ex Parte Preliminary Injunction, Plaintiff has a clear right to administer ongoing involuntary medical treatment, including nutrition and hydration. Commonwealth of Pennsylvania, Department of Public Welfare, Farview State Hospital v. Joseph Kallinger, 134 Pa. Cmwlth. 415, 580 A.2d 997 (1990). WHEREFORE, Plaintiff requests this Court to enter a preliminary injunction permitting Plaintiff to involuntarily examine and perform invasive diagnostic tests, including blood and urine tests, and an electrocardiogram, on Defendant and to administer medical treatment, including nutrition and hydration, as may, in the opinion of medical staff, be necessary, to preserve Defendant's health and life. Respectfully submitted, Office of General Counsel BY: heron R. Pe z Assistant Counsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Attorney ID No. 200935 Date: November 22, 2005 LEXSEE 580 a.2d 887 COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, FARVIEW STATE HOSPITAL, Petitioner, v. Joseph KALLINGER, Respondent No. 239 Misc. Dkt. 1990 Commonwealth Court of Pennsylvania 134 Pa. Commw. 415; 580 A.2d 887; 1990 Pa. Commw. LEXIS 501 July 18, 1990, Heard August 14,1990, Decided SUBSEQUENT HISTORY: I***I] Publication Ordered September 10, 1990. CASE SUMMARY PROCEDURAL POSTURE: Petitioner commonwealth filed a request seeking a declaratory judgment authorizing the involuntary administration of necessary nutrition and medical treatment to preserve the health and safety of respondent prisoner, who sought to starve himself to death. OVERVIEW: Petitioner commonwealth, through its department of public welfare, filed a request seeking a declaratory judgment to force respondent prisoner to involuntarily receive food through a nasogastric tube and other medical treatment. The trial court determined that the prisoner was competent and could reject nutrition and hydration. Petitioner appealed, offering evidence that if respondent was allowed to starve to death, major negative repercussions on the prison and mental health systems would result. Recognizing that prisoners' rights were extremely limited because of the unique nature of prison custody, the court granted petitioners' request, and authorized involuntary administration of necessary medical treatment. The court concluded that petitioner had an overwhelming interest in maintaining prison security, order, and discipline, as well as preserving life and preventing suicide. OUTCOME: The court granted petitioner commonwealth's request for declaratory relief, and authorized the involuntary administration of nutrition and medical treatment to preserve the health of respondent prisoner; petitioner had an overwhelming interest in the orderly administration of its prison system. CORE TERMS: prisoner, nutrition, medical treatment, prison, suicide, patient, starve, staff, nasogastric tube, right to privacy, die, prison system, human life, preserving, inmate, medical care, psychiatric, discipline, hydration, sentence, custody, right of privacy, preservation, prison security, involuntary, feeding, suffering, convict, orderly, duty CORE CONCEPTS Criminal Law & Procedure : Postconviction Proceedings : Imprisonment & Prisoner Rights Maintaining institutional security and preserving internal order and discipline are essential goals that may require limitation or retraction of the detained constitutional rights of convicted prisoners. Criminal Law & Procedure : Postconviction Proceedings : Imprisonment & Prisoner Rights Prison officials are given a wide range of discretion in the promulgation and enforcement of rules to govern the prison community in order to maintain security, order and discipline. Individual freedoms may be curtailed whenever prison officials, in exercise of their informed discretion, reasonably conclude that their exercise possesses the likelihood of disrupting prison order or stability or otherwise interfering with the legitimate penological objectives of the prison environment. Criminal Law & Procedure : Postconviction Proceedings : Imprisonment & Prisoner Rights Compelled nutrition and medical treatment is proper because of the strong state interest in orderly prison administration outweighs any convict's residual rights. Criminal Law & Procedure : Postconviction Proceedings : Imprisonment & Prisoner Rights The obligation of the commonwealth to provide for the health and safety of the inmates in their custody is derived from two very important interests: the preservation of human life and the prevention of suicide. The preservation of human life is of great interest to the state. Criminal Law & Procedure : Postconviction Proceedings : Imprisonment & Prisoner Rights The commonwealth has a duty under the Eighth Amendment to protect the health and welfare of those persons in its custody, and may be cast in civil damages for its failure to observe such duty. Furthermore, the commonwealth has a duty to provide appropriate medical treatment to reduce the danger that an inmate suffering from a serious mental disorder represents to himself or others. Constitutional Law : Substantive Due Process : Privacy American law has always accorded the state the power to prevent, by force if necessary, suicide - - including suicide by refusing to take appropriate measures necessary to preserve one's life. COUNSEL: Thomas Blazusiak, with him, Howard Ulan, Asst. Counsel, and John A. Kane, Chief Counsel, for petitioner. Jeffrey J. Wander, Honesdale, for respondent. David Ferleger, Philadelphia, Guardian Ad Litem, for Joseph Kallinger. JUDGES: Pellegrini, Judge. OPINIONBY: PELLEGRINI OPINION: ORIGINAL JURISDICTION 1*4161 [**888] The Commonwealth of Pennsylvania, Department of Public Welfare, (Department), Farview State Hospital (Farview), files this Request for Special Emergency Relief asking this Court for a Declaratory Judgment authorizing the involuntary administration of necessary nutrition and medical [*417] treatment in order to preserve the safety, health and life of Joseph Kallinger (Kallinger). We are called upon to decide a sensitive matter which is without precedent in this Commonwealth. Joseph Kallinger wants to starve himself to death. nl The Department, who has custody, wants to force him to involuntarily receive food through a nasogastric tube and other medical treatment. We must decide if the Department has such right. nl Kallinger, a convicted murderer, is currently serving two consecutive life sentences consecutively with a thirty to eighty year sentence in Pennsylvania. He also must serve a life sentence and a forty-two to fifty-two year sentence in New Jersey. He also must serve other sentences which are too numerous to mention. Needless to say, Joseph Kallinger will spend the rest of his natural life behind bars. [***21 The current dilemma developed after Kallinger was recently readmitted to Farview on May 17, 1990, from the State Correctional Institution at Huntingdon (Huntingdon). n2 On June 22, 1990, he stated, as a result of his vision of Christ in a toilet bowl telling him to join him, that he would refuse to eat or drink, and that he desires to "meet his maker." He has also refused treatment for an abscess on his foot. On June 30, 1990, Kallinger agreed to be transferred to Wayne Memorial Hospital in Wayne County, Pennsylvania, in order to have intravenous fluids, including antibiotics, administered to him. However, he continued in his refusal to accept nutrition and other medical treatment. n2 Kallinger began serving his Pennsylvania sentences at Huntingdon following his convictions in 1976. However, in 1977, he was committed to Farview where he stayed for over ten years, until 1988. Since 1988, he was recommitted once for a short period of time and then returned to Huntingdon. This recent recommittment was his second since returning to Huntingdon. His current recommittment is scheduled to expire on August 17, 1990. [***31 On July 3, 1990, the Department filed an action for Declaratory Relief in the Court 1**8891 of Common Pleas of Wayne County, seeking authority to provide necessary treatment, nutrition and hydration to Kallinger. On that day, the trial court entered a preliminary order permitting the Department to do so. However, on July 10, 1990, after holding a hearing on the matter, the trial court dissolved its preliminary order and determined that Kallinger was competent [*4181 and could reject nutrition and hydration necessary to preserve his health, safety and life. The Department filed a Petition For Review seeking Special Emergency Relief pursuant to the original jurisdiction of this Court, and seeking review of the trial court's Order pursuant to our appellate jurisdiction. Sections 761 and 762 of the Judicial Code, 42 Pa.. S. § § 761, 762. n3 n3 By order dated July 13, 1990, this Court directed that the Petition For Review shall be regarded as a Complaint In Equity directed to our original jurisdiction, and that the appeal from the trial court's Order shall be dismissed without prejudice. [***41 On July 13, 1990, this Court granted the Department's request for a preliminary injunction, ordering that Kallinger may be involuntarily administered medical treatment, nutrition and hydration, pending further adjudication. On July 18, 1990, following a hearing, a second Order was issued continuing the involuntary medication and feeding of Kallinger pending final adjudication of this matter. The Department offered testimony and evidence that if Kallinger is allowed to starve to death, this would have major negative repercussions on the prison and mental health systems; that Kallinger's death would have adverse effects on other patients, their families and the staff of the mental hospital; and other patients may also "copy-cat" Kallinger's actions. Kallinger contends that despite such adverse repercussions to the Commonwealth, he should be allowed to die if he so chooses. He argues that his right to privacy overrides any interests of the Commonwealth because the use of a nasogastric tube to feed him is an overly intrusive procedure which could last a number of years. We note at the outset that Kallinger is committed to Farview, a mental hospital for the criminally insane. He suffers [***51 from a serious mental illness, diagnosed by Mokarram Jafri, M.D., as a Borderline Personality Disorder. (Notes of Testimony (N.T.), July 10, 1990, p. 35; July 18, 1990, pp. 27-29). However, he is competent in the sense that he fully understands his decision and realizes that 1*4191 death will result if he continues to refuse nutrition and medical treatment. (N.T. July 10, 1990, pp. 36, 70-71). We also recognize that Kallinger, through this action, may be attempting to manipulate the system in order to stay at Farview rather than return to Huntingdon. His authorization of his attorneys to enter appearances on his behalf -- one to say that he has the right to die, the other to say the state had an obligation to make him stay alive -- is certainly part of that manipulation. Although Kallinger has in the past and is now manipulating the system in which he finds himself, if the Department is not allowed to involuntarily provide him with nutrition and medical care, we assume that Kallinger will indeed starve himself to death. While Kallinger is sufficiently competent to make a decision to starve himself to death, this is not a "right to die" case in the usual sense. There has been [***61 much public debate and court activity over whether such a right exists and in what circumstances it exists, and these cases involve decisions made by enfranchised citizens or someone acting on their behalf, that their substantial rights of privacy allows them to make that decision. See e.g., Cruzan v. Director, Missouri Department of Health, U.S. , 110 S.Ct. 2841, 1]1 L.Ed.2d 224 (1990). Kallinger is a convict and any rights that he may have are extremely limited and severely restricted because of the unique nature and requirements of prison custody. Bell v. Wolfish, 441 US. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979); Jones v. North Carolina Prisoners' Union, 433 US 119, 97 S.Ct. 2532, 53 L.Ed2d 629 (1977); Price v. Johnston, 334 US. 266, [**8901 68 S.Ct. 1049, 92 L.Ed. 1356 (1948). What this case concerns is whether the Commonwealth's interest in an orderly administration of the prison system is paramount over any residual right of privacy that Kallinger has which would make it an invasion of privacy on the part of [***71 the Commonwealth to force feed him. The narrow issue then presented to us is whether the Commonwealth has a right to force a competent prisoner within the Commonwealth's penal system to receive involuntary 1*4201 medical treatment and nutrition and hydration through a nasogastric feeding tube. To decide this issue, a balancing test is employed, balancing the Commonwealth's interests against the prisoner's remaining right to privacy. Matthews v. Eldridge, 424 U.S. 319, 96 SCt. 893, 47 L.Ed.2d 18 (1976). Kallinger argues that his right to privacy is superior to the interests of the Commonwealth, no matter what effect it may have on the prison system. He argues that as a prisoner, he did not give up his right to starve himself, citing the Supreme Court of Georgia decision in Zant v. Prevatte, 248 Ga. 832, 286 SE2d 715 (1982). In that case, the Georgia court held that a competent prisoner had a right to starve himself to death. The court, in ruling that the state does not have the right to force medical treatment and food on a competent prisoner, stated: A prisoner does not relinquish his constitutional [***81 right to privacy because of his status as a prisoner. The state has no power to monitor this man's physical condition against his will; neither does it have the right to feed him to prevent his death from starvation if that is his wish .... The state can incarcerate one who has violated the law and, in certain circumstances, even take his life. But it has no right to destroy a person's will by frustrating his attempt to die if necessary to make a point. Zuni, 248 Ga. at 833-834, 286 S.E.2d at 716-717. Kallinger further argues that the procedure for forcing nutrition and hydration into him is overly intrusive. The procedure which the Department has been and wishes to continue using is a nasogastric tube which is inserted through the nose into the stomach. This tube will remain in his body and will have to be frequently removed and replaced. Kallinger correctly points out that there are several risks involved in this procedure, including internal bleeding and possibly even death. (N.T. July 10, 1990, pp. 42-43, 56-57; July 18, 1990, p. 23). 1*4211 While admitting that there are risks to Kallinger as a result of his forced feeding, the Commonwealth [***91 argues that its interest in prison security and discipline, the morale of medical and custodial staff, as well as the law of this Commonwealth, far outweigh any right of privacy that Kallinger may have. We agree. The Commonwealth has an overwhelming interest in maintaining prison security, order and discipline. The Supreme Court has stated that "maintaining institutional security and preserving internal order and discipline are essential goals that may require limitation or retraction of the detained constitutional rights of... convicted prisoners." Bell v. Wolfish, 441 U.S. at 546, 99 S.Ct. at 1878. This lack of a reasonable expectation of privacy deprives the convicts of Fourth Amendment rights in their prison cells. Hudson v. Palmer, 468 U.S. 517, 104 S.Cr 3194, 82 L.Ed.2d 393 (1984). Prison officials are given a wide range of discretion in the promulgation and enforcement of rules to govern the prison community in order to maintain security, order and discipline. Bell V. Wolfish; Jones v. North Carolina Prisoners' Union; Pell v. Procunier, 417 US. 817, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974). [***10] U.S. ex rel. Silverman v. Commonwealth of Pennsylvania, 527 FSupp. 742 (WD.Pa.1981), affd Appeal of Silverman, 707 F2d 1395 (3rd Cir.1983). Individual freedoms may be curtailed whenever prison officials, in exercise of their informed discretion, reasonably conclude that their exercise possesses the likelihood of disrupting prison order or stability or otherwise interfering [**8911 with the legitimate penological objectives of the prison environment. St. Clair v. Cuyler, 634 F2d 109 (3rd Cir.1980), rehearing denied 643 F. 2d 103 (3rd Cir.1980); See also Bell v. Wofsh; Jones v. North Carolina Prisoners Union; Wilson v. Prasse, 325 FSupp. 9 (W.D.Pa.1971), affd 463 F2d 109 (3rd Cir.1972). Other jurisdictions confronted with the same situation have held that compelled nutrition and medical treatment is proper because of the strong state interest in orderly prison 1*4221 administration outweighs any convict's residual rights. In Von Holden v. Chapman, 87 A.D.2d 66, 450 NYS.2d 623 (1982), Mark David Chapman, serving a twenty year [***11] to life term for the murder of former Beatle John Lennon, attempted to starve himself to death while in a mental institution. The Supreme Court of New York, Appellate Division, in allowing involuntary feeding through a nasogastric tube, found that the legitimate interest in prison security and administration clearly included the right to prevent a prisoner's suicide. In Commissioner of Correction v. Myers, 379 Mass. 255, 399 NE2d 452 (1979), the Massachusetts Supreme Court allowed forced hemadialysis to a prisoner suffering a kidney condition on the basis of maintaining prison order. The court stated that imprisonment imposed severe limitations on the prisoner's right to privacy and bodily integrity. In the present case, the uncontradicted testimony shows that if Kallinger would be permitted to die, other patients at Farview would almost certainly copy the same tactic, manipulating the system to get a change of conditions, possibly resulting in their death. (N.T. July 10, 1990, pp. 13-14, 25-26, 49; July 18, 1990, pp. 16-17, 31). Allowing a prisoner to die will cause other patients to become angry and lose faith in the system and make treatment [***121 more difficult; it may even spawn rioting at Farview or from prisoners at Huntingdon or other state institutions. (N.T. July 10, 1990, pp. 13-14, 20, 26; July 18, 1990, pp. 17-20, 36). It is clear that allowing a prisoner to starve to death while in state custody would have an unpredictable negative effect on the security and order within the prison system. Besides preserving order with the prison system, the Commonwealth has a strong interest in maintaining the health of prisoners in its custody. The obligation of the Commonwealth to provide for the health and safety of the inmates in their custody is derived from two very important interests: the preservation of human life and the prevention of suicide. The preservation of human life is of great interest to the state. John F Kennedy Memorial Hospital 1*4231 v. Heston, 58 N.J. 576, 279 A.2d 670 (1971). In Commonwealth v. Root, 191 Pa.Super. 238, 244, 156 A.2d 895, 900 (1959), revd. on other grds. 403 Pa. 571, 170 A.2d 310 (1961), the Pennsylvania Superior Court stated that "[t]he policy of the law is to protect human life, even [***13] the life of a person who wishes to destroy his own." The Commonwealth has a duty under the Eighth Amendment to protect the health and welfare of those persons in its custody, Youngberg v. Romeo, 457 U.S. 307, 102 S.Ct. 2452, 73 L.Ed2d 28 (1982); Estelle v. Gamble, 429 US. 97, 103, 97 SCt. 285, 290, 50 L.Ed.2d 251 (1976), and may be cast in civil damages for its failure to observe such duty, Simmons v. City of Philadelphia, 728 F.Supp. 352 (E.D.Pa.1990); Lee v. Downs, 641 F.2d 1117 (4th Cir.1981). Furthermore, the Commonwealth has a duty to "provid[e] appropriate medical treatment to reduce the danger that an inmate suffering from a serious mental disorder represents to himself or others." Washington v. Harper, 494 U.S. , , 110 SCt. 1028, 1030, 108 L.Ed.2d 178 (1990). The United States Supreme Court in Washington v. Harper allowed the forced administration of antipsychotic drugs to a prisoner on the basis that the state's interest in providing appropriate medical treatment outweighed the inmate's liberty interest. [***141 The Supreme Court found that the state has not only an interest, but an "obligation to provide prisoners with medical treatment consistent not only with their own medical interests, but also with the [**8921 needs of the institution." Washington v. Harper, 494 U.S. at , 110 S.Ct. at 1039. Other courts have also considered the state's interest in the preservation of human life. In State ex. rel. White v. Narick W. Va. , 292 S.E.2d 54 (1982), the West Virginia Supreme Court of Appeals allowed the force feeding of an inmate who had begun a hunger strike to protest conditions of his prison. The court found that "[a] state must preserve human life, a concern at the very core of civilization .... West Virginia's interest in preserving life is superior to [the prisoner's] personal privacy (severely 1*4241 modified by his incarceration)." Narick, W.Va. at , 292 A.2d at 58. See also Commissioner of Correction v. Myers (forced hemadialysis treatment on prisoner suffering kidney condition based on preservation of life and maintaining prison order); Superintendent of Belchertown State School v. Saikewicz, 373 Mass. 728, 370 NE2d417(1977). [***151 The Court in Narick criticized the Georgia Supreme Court's decision in Zant by stating: The Georgia court failed to consider compelling reasons for preserving life, not the least being civility. What sense does it make for a state to allow a prisoner to kill himself, urging as its justification his right-of-privacy right to refuse medical treatment for his voluntary debilitation; and yet preserve unto itself the right to kill him, the ultimate violation of his privacy right. We doubt that Georgia would allow him to raise his right of privacy against being put to death, as a defense against the death penalty! Narick, W.Va. at , 292 S.E.2d at 57. The second related state interest is the Commonwealth's duty to prevent suicide. "American law has always accorded the State the power to prevent, by force if necessary, suicide -- including suicide by refusing to take appropriate measures necessary to preserve one's life." Cruzan v. Director, Missouri Department of Health, US. at , 110 S.Ct. at 2859, 111 L.Ed 2d 224 (1990). (Scalia, J. concurring). Pennsylvania public policy strongly opposes the commission of suicide. Commonwealth v. [***161 Root. Pennsylvania law makes it a crime to aid or solicit another person to commit suicide. Crimes Code, 18 Pa.C.S. § 2505. A police officer also has the right to use force to prevent a suicide from occurring. 18 Pa.C.S. § 508(d)(1). By asking the Commonwealth to stand by and watch him die while it has custody and control over him, Kallinger is asking it to aid and abet his suicide. 1*4251 The leading case in support of a state's duty to prevent suicide is Von Holden v. Chapman. The Supreme Court of New York, Appellate Division, in rejecting Chapman's right to privacy claim, held that "it is self-evident that the right of privacy does not include the right to commit suicide .... To characterize a person's self-destructive acts as entitled to Constitutional protection would be ludicrous." Von Holden v_ Chapman, 87 A.D.2d at 67, 450 N. Y.s2d at 625. Since Kallinger is a patient at Farview, the Commonwealth's interest in maintaining the integrity of the medical and psychiatric professions is also of great importance. Several courts have held that the integrity of the medical profession is an interest which should be balanced against [***171 a person's privacy right to refuse medical treatment or nutrition. Cruzan; Narick; Saikewicz. If Kallinger is allowed to starve himself to death, repercussions would be felt throughout the medical and psychiatric professions. (N.T. July 10, 1990, pp. 19-20, 24-25, 40; July 18, 1990, pp. 16-17). Dr. Jafri, Chief of Psychiatric Services at Farview, stated that Kallinger's death would "have a negative impact upon the staff [in] that we could not carry out a moral and ethical obligation of keeping a patient alive." (N.T. July 10, 1990, p. 41). Jack Wolford, M.D., Psychiatric Director for the Department, testified that "it would be devastating to the staff and the staff morale if they had to allow someone to cease living, virtually by their own hand, while under our care." (N.T. July 18, 1990, p. 10). [**8931 Furthermore, if he is allowed to die, other patients and their families would have serious doubts about whether the psychiatric staff is providing their patients with proper psychiatric treatment and medical care. (N.T. July 18, 1990, pp. 26-27, 40; July 18, 1990, pp. 19, 36). Dr. Jafri testified that his death "will not encourage the confidence of their patients in our ability to [***181 manage and take care their needs, as [well as] the moral confidence of the public." (N.T. July 10, 1990, p. 41). Dr. Wolford stated that the patients [*4261 "would lose trust in the system of care." (N.T. July 18, 1990, p. 17). The Commonwealth of Pennsylvania has an overwhelming interest in the orderly administration of its prison system. The Commonwealth must maintain prison security, order and discipline. It must also fulfill its duty to provide proper medical care to the inmates, thus preserving life and preventing suicide. These vital interests, along with the need to preserve the integrity of the physicians and psychiatrists working within the penal system, clearly outweigh any diminished right to privacy held by Kallinger. Accordingly, we order that Farview can and must continue to provide appropriate nutrition through a nasogastric tube and appropriate medical care to Joseph Kallinger so long as he continues to refuse nutrition and medical treatment. Kallinger shall remain committed to Farview until such time as the medical and psychiatric staff feel it's appropriate for him to return to a State Correctional Institution. ORDER No. 239 Misc. Dkt. 1990 AND NOW, this [***19] 14th day of August, 1990, it is ordered that the Commonwealth of Pennsylvania, Department of Public Welfare, Farview State Hospital, must provide appropriate nutrition through a nasogastric tube and appropriate medical care to Joseph Kallinger as long as he continues to refuse either. Joseph Kallinger's commitment to Farview State Hospital is extended indefinitely until such time that the medical and psychiatric staff determines that such feeding can be carried out at an appropriate State Correctional Institution. ORDER AND NOW, this 10th day of September, 1990, it is ordered that the opinion filed August 14, 1990 shall be [*427] designated OPINION rather than MEMORANDUM OPINION and that it shall be reported. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION No. CAMP HILL, Civil Action - Equity Plaintiff, V. SHAWN PRESSLEY, Defendant PROOF OF SERVICE I hereby certify that a true and correct copy of the Motion for Preliminary Injunction was served on the person and in the manner indicated below: Personal service by hand-delivery Shawn Pressley, CG-4129 SCI-Camp Hill 2500 Lisburn Road, P.O. Box 8837 Camp Hill, PA 17001-88371 `!. 1 2?1 - Richard L. Southers Special Management Unit Manager SCI-Camp Hill ._.? ?-, 7 'n .? i: T t`? - .. -,-? ,,? " :" ? COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION CAMP HILL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN PRESSLEY, DEFENDANT 05-6020 EQUITY ORDER OF COURT AND NOW, this ZZ_ day of November, 2005, IT IS ORDERED that a hearing shall be conducted on the motion of the Commonwealth of Pennsylvania, Department of Corrections for a preliminary injunction at 11:15 a.m., Monday, November 28, 2005. Michael M. Jerominski, Esquire, is appointed to represent defendant. The Department shall serve a copy of the petition for a preliminary injunction and this order on defendant this date. Pending the adjudication of this matter, plaintiff or plaintiffs designee, may involuntarily examine and perform invasive diagnostic tests, including blood and urine tests, and an electrocardiogram, on defendant but may involuntarily administer nutrition and hydration only, if in the opinion of medical staff, be immediately necessary to preserve defendant's life. By the C` urt, i C6G1/ i?(tsl l/ Theron R. Perez, Esquire For Plaintiff Michael M. Jerominski, Esquire Court-appointed for Defendant Court Administrator sal .a r _ _ _ ? r ? i -t i u ._? I:1 ?i ^.) ,'Ji. N _? ? L? Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff, V. SHAWN PRESSLEY, Defendant c>> -('0a ° No. _ Civil Action Equity ORDER AND NOW, this ?3day of November, 2005, the Sheriff of Cumberland County is hereby directed to transport Shawn Pressley to Courtroom No. __? _ in or a hearing scheduled Cumberland County, Carlisle, PA, on / 4YIXI I • d, 966 at 11.'15 a d return him forthwith to the State Correctional Institution at Camp Dill. BY THE COURT ' I ?,JL ??ressfe ?T?s? Lew ?. Per :F, ,?utw 9!s ??r? P c Fopr F r? r ?; ? tY; \' ?? ?-?_ J,:C `^) -'L. ti-- Un :. ?,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION CAMP HILL, Plaintiff, V. SHAWN PRESSLEY, Defendant No. [95 -60x0 Civil Action - Equity APPLICATION FOR EX PARTE PRELIMINARY INJUNCTION Pursuant to Pa. R.C.P. 1531, the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, petitions this Honorable Court to issue an order ex parte granting the concurrently filed Motion for a Preliminary Injunction pending a hearing because of the following: 1. Plaintiffs Complaint and Motion for Preliminary Injunction in this matter are incorporated by reference as if fully set forth herein. 2. Defendant will suffer irreparable harm, possibly resulting in death, if the relief sought is not immediately granted. 3. Immediate relief, as requested, is necessary to sustain the life and health of the Defendant pending the adjudication of this matter. 4. WHEREFORE, Plaintiff requests this Court to ex parte order a preliminary injunction permitting Plaintiff or Plaintiffs designee, to involuntarily examine and perform invasive diagnostic tests, including blood and urine tests, and an electrocardiogram, on Defendant and to administer medical treatment, including nutrition and hydration as may, in the opinion of medical staff, be necessary to preserve Defendant's health and life pending the adjudication of this matter. Respectfully submitted, Assistant Counsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Attorney ID No. 200935 Office of General Counsel BY: heron R. Pe z Date: November 22, 2005 IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Commonwealth of Pennsylvania, Dept of Corrections, State Correctional Institution and Camp Hill Plaintiff vs. Shawn Pressley Defendant To Sheriff of Cumberland County File No. 05-6020 civil WRIT OF HABEAS CORPUS By an Act of Assembly of 1785, we command you to have the body of Shawn Pressley before the Honorable Edgar B. Bayley Judge of our court of Common Pleas of Cumberland County, at the Courthouse, in the city of Carlisle, Pennsylvania, on the 28th day of November, 2005, at 11:15 o'clock, P. M. in Courtroom Number 2. WITNESS, the Honorable Edgar B. Bayley, Judge of our said Court, at Carlisle, this 23`d day of November, 2005. Pr honotary-, vil Div ion By: Deputy COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON DEPARTMENT OF CORRECTIONS, :PLEAS OF CUMBERLAND STATE CORRECTIONAL INSTITUTION : COUNTY, PENNSYLVANIA CAMP HILL, Plaintiff • 6t?? V. : No. 05-6058 SHAWN PRESSLEY, Defendant : Civil Action - Equity ANSWER TO COMPLAINT AND NOW comes the Defendant, Shawn Pressley, by and through his attorney, Michael M. Jerominski, Esquire, and answers Plaintiffs' Complaint as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. ADMITTED to the extent that Defendant missed meals on the dates averred. As to the number of meals missed, Defendant is without sufficient information to answer this allegation and proof of the same is demanded at trial. 7. ADMITTED. 8. ADMITTED. 9. Defendant is without sufficient information to answer this allegation and proof of the same is demanded at trial. 10. Defendant is without sufficient information to answer this allegation and proof of the same is demanded at trial. 11. Defendant is without sufficient information to answer this allegation and proof of the same is demanded at trial. 12. DENIED. 13. ADMITTED to the extent that this represents the opinion of Dr. Underwood. As to the validity and correctness of the opinion, Defendant is without sufficient information to answer this allegation and proof of the same is demanded at trial. 14. ADMITTED. 15. Defendant is without sufficient information to answer this allegation and proof of the same is demanded at trial. 16. DENIED. NEW MATTER 17. Paragraphs 1-16 are hereby incorporated by reference. 18. Prior to March 2005, Defendant was granted access to, and Defendant regularly used, showers, the yard, the regular prison library, and the prison law library. 19. In March 2005, Defendant, a Muslim, ordered a kufi, which is a piece of religious headgear. 20. When the kufi arrived, prison officials refused to issue it to him. 21. Upon the prison's refusal to issue the kufi, Defendant wrote several request slips for the kufi. 22. When it became apparent that the request slips were to no avail, Defendant filed a grievance. 23. One Major Cole responded to the grievance by admitting that the headgear was wrongfully withheld, and told Defendant to write another request slip. 24. In April, Defendant was finally issued the kufi. 25. Defendant was denied the right of wearing the kufi outside of his cell, which is permitted by prison regulations. 26. At all times Defendant made his kufi available for searches, as per prison regulations. 27. Defendant went on a hunger strike from May 31, 2005 to July 6, 2005 after prison officials took his kufi out of his cell and would not return it to him. The hunger strike ended when he was given another kufi. 28. On August 11, 2005, Defendant went to a Review Committee hearing in an attempt to air grievances with the prison. After the hearing was over, Defendant was hit and choked by prison guards on the way back to his cell. 29. At various times from March 2005 to the present hunger strike, Defendant frequently was not offered the opportunity to eat, sometimes receiving only one meal a day. 30. As a result of Defendant's assertiveness and failure to sleep on his rights, Defendant has been the victim of consistent harassment by prison officials, including but not limited to: (a) Not being allowed to use the yard. (b) Not being allowed to shower. (c) Not being allowed to use the regular library. (d) Not being allowed to use the law library. (e) Not being offered meals. WHEREFORE, based on the foregoing, the Defendant requests this Court enter an Order: (a) Immediately directing the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill to make available to the Defendant all appropriate rights and privileges regarding showering, use of the yard, use of the regular prison library, and use of the prison law library. (b) Immediately directing the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill to offer the Defendant all appropriate meals. (c) Immediately directing the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill to refrain from withholding of rights and privileges in a purely retaliatory manner. (d) Immediately directing the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill to refrain from hitting or choking the Defendant in a retaliatory manner. (e) Awarding attorney's fees to Cumberland County. (f) Providing other relief as this Court may deem proper. Respectfully Submitted, 11jukos *Gt( /hi. Date Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court I.D. No. 92977 (717) 245-9688 ,_> _? -? r;? _ ?:.> ?„ `, VERIFICATION I, Michael M. Jerominski, Esquire, attorney for the Defendant herein, have sufficient knowledge of the facts contained in this Answer to Complaint and verify that the statements made in the foregoing Answer to Complaint are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. A verification executed by the Defendant will be filed of record as soon as it becomes available. ?? ?itI Date Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court I.D. No. 92977 (717) 245-9688 CERTIFICATE OF SERVICE I, Michael M. Jerominski, Esquire hereby certify that I served a true and correct copy of the Answer to Petition, by depositing same in the United States Mail, first class, postage pre-paid on the 28 t? day of NaJAW , 2005, from Carlisle, Pennsylvania, addressed as follows: Theron R. Perez Assistant Counsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 TURO LAW OFFICES, 4644t /;11 Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court I.D. No. 92977 (717) 245-9688 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION CAMP HILL, Plaintiff V. SHAWN PRESSLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 6020 No. 05-604 Civil Action - Equity ANSWER TO MOTION FOR PRELIMINARY INJUNCTION AND NOW comes the Defendant, Shawn Pressley, by and through his attorney, Michael M. Jerominski, Esquire, and answers Plaintiffs' Motion for Preliminary Injunction as follows: 1. ADMITTED to the extent that Plaintiff's Complaint is incorporated by reference. By way of further answer, Defendant incorporates by reference all Answers to the Complaint, the New Matter, and Prayer for Relief. 2. Defendant is without sufficient information to answer this allegation and proof of the same is demanded at trial. 3. DENIED. WHEREFORE, based on the foregoing, the Defendant requests this Court enter an Order: (a) Immediately directing the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill to make available to the Defendant all appropriate rights and privileges regarding showering, use of the yard, use of the regular prison library, and use of the prison law library. (b) Immediately directing the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill to offer the Defendant all appropriate meals. (c) Immediately directing the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill to refrain from withholding of rights and privileges in a purely retaliatory manner. (d) Immediately directing the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill to refrain from hitting or choking the Defendant in a retaliatory manner. (e) Awarding attorney's fees to Cumberland County. Respectfully Submitted, 1I to or /';V ti' Date Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court I.D. No. 92977 (717) 245-9688 ?? ,:.;? ? ?? _? ? f _.i al{i ?0 __r, '=??1_? VERIFICATION I, Michael M. Jerominski, Esquire, attorney for the Defendant herein, have sufficient knowledge of the facts contained in this Answer to Complaint and verify that the statements made in the foregoing Answer to Complaint are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. A verification executed by the Defendant will be filed of record as soon as it becomes available. Date rI T InIbi - ? Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court I.D. No. 92977 (717) 245-9688 CERTIFICATE OF SERVICE I, Michael M. Jerominski, Esquire hereby certify that I served a true and correct copy of the Answer to Petition, by depositing same in the United States Mail, first class, postage pre-paid on the 191" - day of WIk e1 , 2005, from Carlisle, Pennsylvania, addressed as follows: Theron R. Perez Assistant Counsel Department of Corrections 55 Utley Drive Camp Hill, PA 17011 TURO LAW OFFICES, Michael M. Jerominski, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court I.D. No. 92977 (717) 245-9688 1.5 _ L? it ?.. i art i...? l ..l ..! ..._. ?_ ?, ., r G.? ,\ r- \> ?.?' ?.i .7 ?/ ? ,? ? ?'.\ ?.,`. r COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION CAMP HILL, Plaintiff V. SHAWN PRESSLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY ('40 No. 05-69-f<1@EQUITY TERM ORDER OF COURT AND NOW, this 28th day of November, 2005, this matter having been called on petition of the Commonwealth of Pennsylvania, Department of Corrections for the issuance of an injunction, and the parties having agreed to the entry of the following order, it is ordered that the petition of the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill for an injunction against respondent, Shawn Pressley, is granted. Petitioner or its designee may involuntarily examine and perform invasive diagnostic tests, including blood and urine tests, and an electrocardiogram, on respondent and may administer medical treatment, including nutrition and hydration as may, in the opinion of the medical staff, be necessary to preserve respondent's health and life. Petitioner shall make available to respondent all privileges regarding showering, use of the yard, meals, use of the regular prison library, and use of the SMU mini aw library, as per the inmate handbook for the Special- ag8'raent Unit. By the YVV l r b. Bayley, Theron R. Perez, Esquire For Department of Corrections Michael M. Jerominski, Esquire For Defendant Sheriff prs ?n Thy, Carnrnon or- e Urnb?,f iowd p rnrn ?4?h p? ? ?gj? Cor?,?? C?Fh11, :Tvi6-64u6n Ki c) . as - (c0,zp v S . Gi vi ( ??-iol? - C) cow+ l701FtG?, 'b Cotcc?, 4o irll?ccm ?&3 wrrk? ccWozi r&?Cj coux+ ?o bE-??? 0 r) r "46 ?'ld vYl?vrrh .z 1, p 7 fo rvh6,k CaunLO (udE.s` coundo dogs m4- rv1L)i +o %/qr?Ln?- ??-?-n??vv4-ar? Io?r?s.?-`}?? h? r u??-s for P??d on hi?s-oWn 6 ,?W7 ?L" CC 'r CZ0 OOOZ jagweoaQ paslnaa Ado0 ojewul - aOHN3U'lOJ Ado0 =198 uogay - MNid AdoO Gild - AMVNVO Ado0 jo;eupoo0 aouenau0 A4l1!3e3 - 31IHM ale(] ao;eulpaooO aouenauO !llloe3.Jo ain;eu6lS '1709 way-Oa y;Inn aouepJoooe w passaoo.id aq Ill^n pue paAlaoaa uaaq sey aoueAalaB inok •83uen9lj6 sly; Bul;;Iwgns alopq `pa;ae;uoo aAey nog( }}e;s pue uaile; Swipe ISI-1 -8 -sa6ed onn; wnwlxew 'pasn eq Aew jaded leuol;lppy 'aouenauB jnoA ;o ;uawa;e;s jealo 'Ialjq a eplnad X 'pa;oe;uoo aAey nog( sjagwaw }fie;s jo d;l;uapl ay; epnloul o; sins as 'ja;;eW sly; aAlosaJ o; uaNe; aAey Aew nog( suol;oe Aue 8 xoolg ul Isi-I '£ -jauuew algepue;siapun pue jalaq a ul y Nool8 ul aouenaIjB most a;e;S -Z -wa;sAs aouenalJ6 a;ewul ay; uo sajnpoooid .iol t,Og way-Oa ay; o; jalaa 6 :SNOuonNlSNl '1N3WNJISSV JNISf10H -1N3WN0ISSV AHOM :31VWNI 10 MinIVNOIS (838Wf1N18 3WyN 31VVYNO MOO Id :31Va :,lll-IIOVJ 2JOIVNIda000 30NVA3R 0 AUIIIO`d3 :Ol U38Wf1N 30NVA3Ri0 AINO 3sn lb'1013d0 2iOd 8650-WM Vd'TIIH dWVO 865 X08 'O'd SNOIlOMM03d01N3 INW34 VINVA-IASNN3d 40 H13V3MNOWWOO 33NVA91HO 31VWNI "MOIddO 6 PEd COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION CAMP HILL, Plaintiff V. IN THECOURT OF COMMON PLEAS CUMBERLAND COUNTY, PENSYLVANIA CIVIL ACTION - EQUITY SHAWN PRESSLEY, Defendant NO. 05 - 6020 EQUITY TERM PETITION FOR PAYMENT ASSISTANCE 1. Petitioner is the Defendant in the above-captioned matter. 2. Petitioner is represented by court-appointed counsel in the above-captioned matter. 3. On November 28, 2005, the Honorable Edgar B. Bayley issued an Order of Court which dispensed with the matter of Petitioner's hunger strike. (Exhibit "A" is attached and incorporated herein as if fully set forth.) 4. Petitioner requires issuance of his medical records for reasons related to Petitioner's hunger strike, which initiated this matter. 5. Petitioner has filed to obtain said medical records. 6. The Pennsylvania Department of Corrections has invoiced Petitioner in the amount of $74.70 and will not release said records until the invoice is paid. (Exhibits "B" and "C" are attached and incorporated herein as if fully set forth.) 7. Petitioner has been transferred and is now incarcerated at SCI-Mahanoy in Frackville, Pennsylvania. 8. The Honorable Edgar B. Bayley is currently assigned to this matter. WHEREFORE, Petitioner respectfully requests this Honorable Court to order the Pennsylvania Department of Corrections at SCI-Mahanoy to release Petitioner's medical records to Petitioner without requirement of remuneration. Respectfully submitted, TURO LAW OFFICES Lor' A "ew Snyder, Esq. 2 S th Pitt Street C rlisle, PA 17013 (717) 245-9688 Fax 717.245.2165 Counsel for Petitioner CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition for Payment Assistance upon Theron R. Perez, Esq., and the State Correctional Institution at Mahanoy by depositing the same in the United States Mail, first class, postage pre-paid on the fifteenth day of January, 2008, from Carlisle, Pennsylvania, addressed as follows: Theron R. Perez, Esq. SCI Camp Hill 2500 Lisburn Road Camp Hill, PA 17001 SCI Mahanoy 301 Morea Road Frackville, PA 17932 (717) 245-9688 Fax 717.245.2165 Counsel for Petitioner r_`y :`? t-- c?J r '"tl C.... "'# - " ....? r, f + -r7?.?? __ ? i _, t' _ T."? ' pis. ° ?, -? ? ? w `` ^ ` !?,} ?: f'?* N`.3YT.I.FA tTn. !` F.7!ikRTMF53T OF CCRREC--'IONS, STATE ;'T;uP .:S,MD ;:(T:`iT'I., 'FEND i`LkrANLA ":IV7:. CTTOU - Q-JTTY ORDF.R :70,:RT Al,'!- N.-OP, this pth :iat• cif -'00t, liav l ng bor-- I called '_•'n pcT..1_t''+;-r 0, [ ° -. lalfll 4t1[ Yla?i _ ?.?'f of of corromor.s for ?.s.s-_R.ance of ?r1 '_!:?'?ilti.?:.:f?r;P r1lL{'? '.ne UtiL`.LE!ii :t:3'•liCl?{ %F*•7?rL813 ter: ?_.':? ?:?:? t'f` (:? C.f1;2 follo r order, it is urde,rc'd LFw: The pezir;ur of -he r.3Tii1C'.T.YJEE%91 _1C E' i _a, De?ir?_r:e`lL s[at+ .'. tr,vx'.".`?t_y?-7f:i_na! TF):?t . [?]lr?v. ivn a Camp Hill L or =rs rJq -,xi, r?*'v4+C_•F J'•_?ti. ?:l, ?•'?:?4?41 C?l:Ju??Lj?a l? ?_l ?.?ld'•?..'?. do ignee M:.zy t,r--_)lLntar:.:y ,=xaTxin,,t s-_rrl Perfn._r invasive jiay :oYsI-ic Le?ts, _ ciu:._:_q blood and lar,ine and an electrocaraingram, or, rc5p .:^dcnt and may r °.,.? s r ned ca rest on=, ncludin -°:•?r1N o:1 and hydrazion a ..,ay, ] ? c .%e cpin: on of '. ediwl stait, be 7ecwsazy Q Pre3erve lheak-h and life, Pat tionot NO! nawc ava_ tia! It co ^`c.°,twI1dent at: 4 V Yv?1 ''ll?ge=. Laqc-G?i"., ,_tlo4it,'1'liltifl We ??x' t.t1?' >e°lI':3r r3 ? u. US* .. ttie rya-afar pr:isor, library, and i;We of the SMU mi:? ?ar?: IiL'raryr' ,? p th n:-.ate t-n :?:bo for r1 Special- . .a?}erl?:nt r:i ? . 'Fly J f COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS STATE CORRECTIONAL INSTITUTION AT MAHANOY 301 Morea Road Frackville, PA 17932 (570) 773-2158 December 13, 2007 Turo Law Offices Attn: Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 RE: Information Request Sean Pressley Commonwealth v. Pressley, 05-6020 Cumberland County Dear Mr. Jerominski: I am in receipt of your request for copies of medical records pertaining to Sean Pressley, inmate number CG4129. The Department of Corrections follows the Medical Record Act (Act 26) fee schedule for copies of medical records. Enclosed you will find an invoice requesting payment. Once payment is received the copies will be mailed directly to you. If you have any questions or concerns please feel free to contact me at 570-773-2158 at extension 477. Sincerely, J/J Carey Rit o, RHIA CC: file Enclosure COMMONWEALTH OF PENNSYLVANIA STD-152 REV. 10-02 GENERAL INVOICE INVOICE NO. 071212MR-MAH PAYOR (NAME AND ADDRESS) PAYEE (NAME AND ADDRESS) DATE December 12, 2007 Tura Law Offices SCI Mahanoy Michael M. Jerominski, Lsquire ORDER NO. 28 South Pitt Street 301 Morea Road Carlisle. PA 17013 V T. NO OR ADVANCEMENT ACCOUNT NO Frackville, PA 17932 8OD-562-9778 VENDOR FED. I_D./SOC. SEC. NO. TERMS DATE OF ITEM AND DESCRIPTION OUAN1T Y UNIT UNIT PRICE AMOUNT TRANSACTION 1211212007 Photocopying of inmate medical records Charges as per Act 26: Inmate CG4129 Sean Pressley! Search and Retrieval Fee 1 EA $ 18.54 $ 18.54 Charges for 51 pages 1 LOT $ 53.83 $ 53.83 Postage 1 EA $ 2.33 $ 2.33 101 33000 385 EXPENDITURE GIL ACCOUNT FUND COST CENTER SYMBOL 6361100 1001107000 1115365502 TOTAL $ 74.70 I CERTIFY THAT THE ABOVE EXPENSES. SERVICES, MATERIALS OR PRODUCTS THAT WERE ACTUALLY INCURRED, RENDERED OR FURNISHED FOR THE USE OF THE NTH OF PENNSYLVANIA, ACKNOWLEDGEMENT OF THE FOLLOWING IS REOURED IF PAYMENT IS AND TRAT THE ABOVE PRICES CHARGED WERE FAIR AND REASONABLE. MADE FROM ADVANCED REWSITION MONEYS. I HEREBY ACKNOWLEDGE RECEIPT IN FULL AS SET FORTH IN THIS INVOICE IN THE AMOUNT OF $ SIGNATUR SIGNATURE T. M. Kuzo, Budget Analyst, SCI-Mahan 3-2158 x410 D ? A . UAN 16 2008 COMMONWEALTH OF IN THECOURT OF COMMON PLEAS PENNSYLVANIA, DEPARTMENT CUMBERLAND COUNTY, OF CORRECTIONS, STATE PENSYLVANIA CORRECTIONAL INSTITUTION CAMP HILL, Plaintiff CIVIL ACTION - EQUITY V. SHAWN PRESSLEY, Defendant NO. 05 - 6020 EQUITY TERM ORDER OF COURT AND NOW, this day of , 2008, upon review of the attached petition, it is hereby ORDERED that the medical records of Petitioner Shawn Pressley shall be released by SCI-Mahanoy to Petitioner without remuneration of costs or fees. By the Court, J. c.c. Lorin A. Snyder, Esq. SCI-Mahanoy, 301 Morea Rd., Frackville, PA 17932 Theron R. Perez, Esq. 7k4 Aa, 0%6t?4- J T Y ma ci y'/? ! MS ? ? ?f?