HomeMy WebLinkAbout94-06846
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COURT OF COMMON PLEAS OF CUKBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL, :
Plaintiff
v.
No.
Cj.L/ - li1 'gl-/ UJ
DARREL ALSTON,
civil Action - Equity
- :::
Defendant
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this compliant 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.
Court Administrator
Cumberland county Courthouse, 3rd Floor
Carlisle, PA 17013
Telephone: (717) 240-6200
NOTICA
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion y por cualquier queja 0 alivio que es pedido
en la petie ion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL BERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION BE
ENCUENTRA EBCRITA ABAJO PARA AVERIGUAR DONDE BE PUEDE CONBEGUIR
ASIBTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse, 3rd Floor
Carlisle, PA 17013
Telephonel (717) 240-6200
iam E. Fai all, Jr.
e nsylvania Departmen f Corrections
P.O. Box 598, 2520 Lisburn Road
Camp Hill, Pennsylvania 17001-0598
Dated: December 2, 1994
7. Alston has refused to allow medical staff to conduct
examinations of him since November 25, 1994.
S. Dr. william W. Young, M.D. last attempted to Illxamine
examine Alston on December 2, 1994.
9. It is the opinion of Dr. Young that Alston is in imminent
danger of loss of life unless medical treatment i.
administered for his disorders.
10. without intervention in the form of medical treatment or
as soon as possible, Alston is exposed to the possibility
of suffering severe and irreparable harm, including
death.
11. It is impossible to predict at what point Alston's
condition may result in irreparable harm, therefore,
immediate intervention is necessary.
12. Permitting Alston to engage in a suicidal act will cause
a significant disruption to the orderly administration of
the state Correctional Institution at Camp Hill. The
effects of his death would demoralize the staff and
instill the belief in the inmate population that the
prison administration caused and permitted Alston's
death. This would 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
granting the following relief:
.
COURT 01' COKNON PLEAS 01' CUKBBRLMlD COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION .
.
AT CAMP HILL, .
.
.
.
plaintiff .
.
v. No.
.
.
DARRELL ALSTON, civil Action - Equity
Defendant .
.
VERIFICATION
I, Anthony L. petruccio, am the duly appointed Deputy
Superintendent of 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
Darrell Alston. 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. 54904 relatinq to unsworn
falsification to authorities.
jj~ -~ '- \
Anthony L.~~U~~
Deputy Superintendent
State Correctional Institution at
CamlJ Hill
Dated:
December 2, 1994
..
. AUTHORITY TO PAY COURT APPOINTED COUNSEL NOV 0 9 19951:-
2 VOUCHER or
I. COURT
o Distflct Juslico ~ Common Pleas o Appellale o Olhe' N~ 1626
3, FOR 10 J. cp, APPELLATEI ~,AT ICITY/STAlE) &. BUOGET CODE
COURT OF COMMON PLEAS CARLISLE, PENNSYLVANIA o I ~.] ,/,' _ ",1/1. ~O
5, IN THE CASE OF 7, CHARGE/OFFENSE (PURDON CITATION) 8. C PETTY OFFENSE
DEPT. OF CORRBCTIONS v. N/A o FELONy 0 MISDEMEANOR
9, PROCEEDINGS IOescflbt brllllvl DARRELL. ALSTON 11. PERSON REPRESENTED 12. CIVIL DOCKET NO,
DEPARTMENT OF CORRECTIONS BROUGHT IK C.'endlnl.Adult 94-6846 EQUITY
, 0 a.lendll'll 'J",~.,"l.
EQUITY ACTION REQUF.STING INJUNCn N J 0 Aooeul"' 13 CRIMINAL DOCKET NO
TO ALLOW FEEDING TUBE FOR FASTING . 0 APPIII..
INMATE. ' ~ H.ll.., p,lllton'H
. (J J.A"III.IWol"."
, n P,'ol". CllolIO.1i W.th l/ool",an ,~, APPEALS DOCKET NO
10 PERSON REPRESENTED (Full Namal . U P'OD.llol'I.' C""'Ofll W.,,, \/',ol.I+on
. ~ 0'""
DARRELL ALSTON
12/05/94 15 NAME OF AnORNEY/PAYEE AND
"'",DIO.rl. MAILING ADDRESS
MICHAEL A. SCHERER, ESQUIRE
HONORABLE J. WESLEY OLERt JR. O'BRIEN, BARIC & SCHERER
17 WEST SOUTH STREET
NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE CARLISLE, PENNSYLVANIA 17013
17, TELEPHONE No, 18 SOCIAl SEC.URlIV NO OR f I" '10
74Q_I\R7"1 25_170R"1"
CLAIM FOR SERVICES OR EXPENSES
19, SERVICE HOURS DATES AMOUNTS CLAIMED
a, Arraignment and/or PI,. MUllrplv III, per flour 11m,. 10111
b Pr.llminary H"flno houn 10 obt.in -In Cour". com-
p.nIlUon. Enllr 10111 bllow.
c:. Mallonl Ind Rlqulll.
... d. 0111 Hllrlngl
a:
:> .. Sln'ance Hu,lng.
0
U l. r"11
i!;
0. Atvocalion H..tlng.
h. Juvenile Hurlng.
i. Appeatl Coun 19A. TOTAL IN COURT CaMP,
~ Olher tSPlcllV on addillonallha.111 1.00 SEE ATTACHED
TOTAL HOURS. 1.00 X $50 PER HOUR -s50.00
20, .. Inlervllwl and conl",nc.. 5.25 SEE ATTACHED MultIply till 1M' hou, IImlllolll
b. Obl.lnlng Ind 'Iviaw,,,o record. houn. Enllr 10111 .Oul or COu".
13lr campanullon balow,
...:> c:. LIgII tln"ch Ind bnel wnhng
:>0 d. In'lesllgatl'le and oth., 'oYer" (Specify on additional shuts) 20A. TOTAL OUT OF COURT
OU COMP,
TOTAL HOURS. 5.25 X $40 PER HOUR -S210.00
21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM
Mlloaoe $.25 Der mile , 4H iL..UU
a:
w
X 2'A. TOTAL ITEMIZED EXP,
...
0
-s 12.00
22,CERTlFICATlONOFAnORNEV/PAYEE A. :;l;Ht:;Kt:;K, t:;:;UUillt:; 23. GRAND TOTAL CLAIMED
tia. campenutlon and/or rlimburumtnt tat wortli In Ihl, ca" praotlou,ly been applltd tor? 0 yeS d<'NO -s 272.00
II yes, wer. you paId? C YES C NO It.,e.. bywhomwlt'.,ou J)II1d1 How much?
Hlllhe porson represented paid any monlV to you, or 10 your knowledge .nyonl 1111I. In connlcllon with lhl miner fOt 2~, DEDUCT. PRIOR PYMTS,
wn"n you w... aooolnlOd 10 p,o,ld. 'lo,...n,.lIon? ~ Ii J~ II y., gl,. d.lliI. on Iddillonll ,hi' I. -S n/a
n NET AMOUNT CLAIMED
11wuraraflllmlheUulhorconaclnesa ~. II. ~ IP' /t,'4r
0' the above slalemonls Slgnalu r~ At10rnIY/Pa~a I Oall -s 272.00
28,"'I'PlIlJ~1 ~'I "". J.~7Z:C?LL . 27, AMT, APPROVED
fl.1l SoO"lluft 01
,....,a,olfotl JudQ. .0"" tJo". 13, f?1~. -s 2'll.oo
Copy 1 ' MallIa C~ Admlnlst,ato, al com let Ion of service
p
.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL
INSTITUTION AT CAMP HILL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
v.
DARRELL ALSTON,
Defendant
NO. 94-6846 EQUITY TERM
TRANSCRIP1' OF PROCEEDINGS
IN RE: PRELIMINARY INJUNCTION
Proceedings held before the Honorable J. WESLEY
OLER, JR., J., Cumberland County Courthouse, Carlisle,
Pennsylvania, on December 7, 1994, in Courtroom
Number Five.
APPEARANCES:
ORIGINAL
SHAWN KENNY, Esquire
For the Commonwealth
MICHAEL A. SCHERER, Esquire
Court-appointed Counsel
For the Defendant
J
1 THE COURT: This is the time and place for a
2 hearing on the issue of whether the injunction previously
3 issued in this case should be continued, modified or
4 dissolved. The case is Commonwealth of Pennsylvania,
5 Department of Corrections, State Correctional Institution at
6 Camp Hill, v. Darrell Alston. We will let the record
7 indicate that the Defendant is present in court with his
8 court-appointed counsel, Michael A. Scherer, Esquire, and
9 the Commonwealth is represented today by Shawn Kenny,
10 Esquire. Mr. Kenny?
11 MR. KENNY: Judge, we had planned on calling
12 Dr. Young to the stand to testify this morning; however, I
13 understand from you that he's on his way here.
14 THE COURT: I don't know that he's on his way
15 here. I see that he's not here, I'll put it that way.
16 MR. KENNY: He's not here now. I haven't had
17 a chance to speak to him today. I did speak to him
18 yesterday. I will tell the Court that the inmate has been
19 eating since the time that you signed your Order on the
20 afternoon of Friday, December 2nd. It's my understanding,
21 from speaking with the personnel over at the infirmary, that
22 he did eat on Saturday. He ate full meals on Sunday. He
23 ate full meals. He had a test, an EGO test, on Monday,
24 December 5th, over at the Holy Spirit Hospital, which was to
25 apparently test for peptic ulcers, to confirm whether they,
2
-
1 in fact, were present in his digestive tract or stomach.
2 I'm told that that was a negative study.
3 I'm told, also, that yesterday, December the
46th, he had another procedure, a barium enema, based on an
5 examination that the gastroenterologist had done at Holy
6 Spirit on Monday, the 5th. We are told, at least according
7 to the radiologist that read that report, that that was also
8 an unremarkable study, a negative study.
9 As far as his consumption of food since then,
10 I really don't know. I do know that the fellows here this
11 morning just told me he did not eat breakfast. Why, I don't
12 know. But he has eaten substantial meals since the time you
13 entered your Order.
14 THE COURT: Mr. Scherer, is there a
15 possibility of resolving the case if the Defendant is, in
16 fact, eating?
17 MR. SCHERER: There seems to be somewhat of a
18 possibility that the case could be resolved, Your Honor,
19 although my client has been concerned that he hasn't been
20 receiving proper medical treatment over the past weeks and
21 months. It's difficult for him to eat, and that is part of
22 the reason why he had been refusing some of the food that
23 was presented to him.
24 THE COURT: I gather he's more satisfied now
25 with his treatment since he has been getting the tests?
3
~
1 MR. SCHERER: He is encouraged by the tests,
2 but he's concerned what might happen from today forward.
3 He's got no guarantees that the tests are going to continue,
4 and I don't believe he is certain that the Department of
5 Corrections has identified his particular ailment.
6 THE COURT: Would it be possible to continue
7 the Order that's presently in effect, which would allow the
B authorities to administer food and nourishment involuntarily
9 if the Defendant stops eating, without prejudice to your
10 right, Mr. Scherer, on his behalf, to request an immediate
11 hearing if that becomes necessary?
12 MR. SCHERER: I'll discuss that with my
13 client.
14 THE COURT: All right. We'll take a short
15 recess. Maybe you and Mr. Kenny can discuss that.
16 MR. SCHERER: Sure.
17 (A recess was taken.)
18 THE COURT: Mr. Scherer?
19 MR. SCHERER: Mr. Alston is willing to have
20 the temporary Order continued, Your Honor. And it's my
21 understanding that you'll permit me to make application to
22 the Court to convene another hearing on a rather rapid basis
23 if, in the future, Mr. Alston feels that his medical
24 treatment is not adequate or is falling off?
25 THE COURT: Certainly. Is that acceptable to
4
.
1 you, Mr. Kenny?
2 MR. KENNY: Yes, Judge. Do I understand that
3 to be indefinite? Did he say indefinitely that the Order
4 would continue?
5 THE COURT: It would continue. But Mr.
6 Scherer and Mr. Alston would have a right, if force-feeding
7 were resumed, to request a hearing, and I would schedule one
8 promptly. All right. We'll enter this Order:
9 (The following Order was entered by the
10 Court:)
11 "AND NOW, this 7th day of December, 1994,
12 upon consideration of the Plaintiff's application for a
13 preliminary injunction, and upon agreement of the parties
14 reached in open court, with the Defendant, counsel for the
15 Defendant, Michael A. Scherer, Esquire, and counsel for the
16 Plaintiff, Shawn Kenny, Esquire, being present, it is
17 ORDERED and DIRECTED that the ex parte preliminary
18 injunction issued in this case on December 2, 1994, shall be
19 made an indefinite preliminary injunction permitting the
20 authorities at the State Correctional Institution at Camp
21 Hill or their appropriate designees to administer,
22 involuntarily, medical treatment as may be necessary to
23 preserve the health and life of the Defendant as determined
24 by medical personnel duly charged with his care. This
25 medical treatment may include but is not limited to the
5
1 insertion of an NG tube for force-feeding and hydration
2 purposes.
3 "This preliminary injunction is issued
4 without prejudice to the right of Defendant to request a
5 hearing on continuation of the injunction at such time as
6 the authorities may be administering, involuntarily, the
7 aforesaid medical treatment, and the Court has advised the
8 Defendant and his counsel that it will promptly schedule a
9 hearing upon such request."
10 THE COURT: Is that convenient and
11 satisfactory to both sides?
12 MR. KENNY: Yes, it is.
13 MR. SCHERER: Yes, it is, Your Honor.
14 THE COURT: Good luck, Mr. Alston. Court is
15 adjourned.
16 (Court was adjourned at 9:50 a.m.)
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