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HomeMy WebLinkAbout95-04274 ~ .:3 ~ ~ ~ J J '1' t:--- <i ;:r- , v, 0'- ~ .' .}~ ;~ ',,( ',H ,;-;h: iT :~ ~4t "~ :;,1,_ .:; , ~ , tU- . COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION: AT CAMP HILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - EQUITY WILLIAM MICKELSON, Defendant NO. 95-4274 EQUITY TERM AND NOW, this ORDER OF COURT ,tLr day of August, 1995, upon consideration of Plaintiff's Complaint in the above-captioned matter, and an ex parte preliminary injunction having issued on this date, a hearing on the continuance of the preliminary injunction is SCHEDULED for Monday, August 14, 1995, at 11:30 a.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Mark E. Guzzi, Esq. Assistant Counsel Department of Corrections P.O. Box 598 2520 Lisburn Road Camp Hill, PA 17001-0598 Attorney for the Department of Corrections Daniel J. Sodus, Esq. 7 Irvine Row Carlisle, PA 17013 Attorney for Defendant Court Administrator :rc / UG D 11.\ J ni' 55 COURT OW COKNOH PLEAS OW CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintift v. No. <1.S- - Y 2. 7i trdit 7..(~ Civil Action - Equity WILLIAM MICKELSON, . . . . . : 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 peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. At\..{, 'I ~';\ if LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEHENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAM2 POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse, 3rd Floor carlisle, PA 17013 Telephone: (717) 240-6200 ~ " I Dated: August 9, 1995 COURT or COMMON PLEAS or CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff v. No. v.j'- ".J '7'/ EJ~ -r...v- civil Action - Equity WILLIAM MICKELSON, Defendant COMPLAINT 1. This action is brought in the court's original jurisdiction. 2. Plaintiff is the Commonwealth of Pennsylvania, Department of Corrections, state Correctional Institution at Camp Hill. 3. The Department is an executive agency with the responsibility of administering the state correctional system including the state Correctional Institution at Camp Hill. 4. Defendant Mickelson is an inmate presently incarcerated at the state Correctional Institution at Camp Hill. 5. Mickelson has been on a hunger strike for approximately fifteen (15) days during which time he has refused to take any solid foods. . 6. Mickelson has indicated to medical personnel and other institutional personnel that he is engaging in a hunger strike because he believes that he must follow rules that other inmates are not required to follow. 7. It appears from Mickelson's conduct and behavior th~t he is not presently committable under the Mental Health Procedures Act, SO P.S. 557101 ~ ~. 8. Mickelson's medical condition has been monitored on a continuous basis since the beginning of this hunger strike. 9. Results of a physical examination conducted on August 9, 1995 were evaluated this date by Dr. Young, a physician providing medical services at SCI-Camp Hill. Dr. Young's medical examination revealed that Mickelson has lost at least ten (10) percent of his total body weight. Such loss of weight is indicative of some untoward event occurring, including cardiac arrest which may lead to death. 10. Mickelson has refused to submit to any laboratory tests that would assist in determining the exact extent of his deteriorating physical condition. 11. It is the opinion of Dr. Young that Mickelson is in imminent danger of severe dehydration and severe protein deprivation. Without the forced infusion of liquids and protein supplements, he is in danger of going into coma or cardiac arrest, possibly resulting in death. Dr. Young's Attidavit, marked as "Exhibit A" is incorporated herein by reterence. 12. Without intervention in the torm ot torced hydration and nutrition as soon as possible, Mickelson will likely sutter severe and irreparable harm, including death. 13. It is impossible to predict at what point Mickelson's condition may result in irreparable harm, theretore, immediate intervention is necessary. 14. The effect of a hunger strike upon the inmate population at the institution, as well as the medical and other staff, is highly damaging; it places other inmates under stress, may lead to copycat behavior, and may cause inmates to believe that the prison staff is hopeful that a given inmate will not survive; it is also demoralizing to the prison medical staff. ; I i j I 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: A. Authorizing the plaintiff through medical staff to involuntarily administer medical treatment including but not limited to nutrition and hydration as may be necessary to preserve the safety, health and life of Mickelson. B. providing such other relief as this court may deem proper. Department of Corrections P.O. Box 598, 2520 Lisburn Road Camp Hill, Pennsylvania 17001-0598 Dated: August 9, 1995 COURT 01' COHKOIl PLEAS 01' CUHBBRLAIlJ) COUNTY COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, plaintiff . . v. : No. . . : civil Action - Equity WILLIAM MICKELSON, Defendant VERIFICATION I, Jeffrey A. Beard, Ph.D., am the Deputy Commissioner for the Central Region for the Pennsylvania Department of corrections and am authorized to make this verification. I have reviewed the attached complaint with respect to the involuntary treatment of William Mickelson. I hereby verify that the allegations contained in the attached complaint are true and correct to the best of my knowledge, information and belief. Region Sworn to and subs9ribed before me this 9P'1 day of lIv,u.. T , 199&,= fL:~"::~ Notary Public ~ EXHIBIT A COURT 01' CODO. PLIIAB 01' CUKBIlRLMID COUllTY COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff v. No. WILLIAM MICKELSON, Civil Action - Equity Defendant AFFIDAVIT I, William Young, M.D., being duly sworn according to law do hereby depose and say that I am a physician providing medical services at the State Correctional Institution at Camp Hill, Camp Hill, Pennsylvania, that I am authorized to make this affidavit and that the facts set forth herein are true and correct to the best of my knowledge, information and belief: 1. I am licensed in accordance with the laws of the Commonwealth of Pennsylvania to practice medicine and have been so licensed since 1986. 2. Mr. Mickelson has been on a hunger strike for approximately fifteen (15) days and during that time period has refused to take any solid food, resulting in forty-five (45) consecutive meals being missed. 3. Mr. Mickelson has been regularly seen by a physician on an almost daily basis throughout the hunger strike. 4. I have personally examined Mr. Mickelson myself during this time period. 5. Mr. Mickelson has been informed by medical staff members of the potential dangers of continuing to refuse to eat and that the institution would seek a court order permitting us to involuntarily examine him and administer hydration and nutrition. 6. I personally examined Mr. Mickelson this morning, August 9, 1995. 7. My examination also revealed that Mr. Michelson has also lost at least 10 percent of his body weight. Such loss of weight is indicative of some untoward event occurring, including cardiac arrest which may lead to death. 8. Mr. Michelson has refused to submit to a hemoglobin, urinalysis and hematocrit testing which would indicate the amount of dehydration being experienced by Mr. Mickelson. In addition, Mr. Mickelson has refused to submit to electrolyte testing which would indicate whether his potassium, sodium and chloride levels are out of balance. If such levels are out of balance they could produce cardiac arrhythmia and sudden death. 9. Based upon my medical knowledge and the medical information available to me at this time regarding Mr. Mickelson it is my belief that unless Mr. Mickelson is administered hydration and nutrition as soon as possible, he will likely suffer protein deprivation, possibly resulting in coma, cardiac arrest and possibly death. 10. Upon the court's approval of this request, Mr. Mickelson will be administered hydration and nutrition through a nasal gastric tube. Such treatment is immediately necessary in order to prevent Mr. Mickelson from suffering irreparable harm as described above. ~(!CbJI (//tj(J? .#4 Wi 1 am Young,( .0'. / Date: August 9, 1995 COURT or COXNOH PLBAS or CUHBBRLAHD COUNTY COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff v. No. WILLIAM MICKELSON, civil Action - Equity Defendant . . PROOF OF SERVICE I hereby certify that the foregoing documents were served on the person and in the manner indicated below: Personal service bv hand-deliverv william Mickelson SCI-Camp Hill P.O. Box 200 Camp Hill, pennSY1Va;?a /7011. I!!/ $ / t, /' ~_' ~m~4' Ma E. uzzi, ASSi~, ' Counsel Attorney Identifica~ ,ri o. 67874 Department of Correu ions P.O. Box 598, 2520 isburn Road Camp Hill, Pennsylvania 17001-0598 Dated: August 9, 1995 ~ ~~ ~ "j rl\ ~ ~ 1'0\ r\, ~ In , 'Y)lI\ ~:J) ~ ..........0,)0 -- ~ ~ -- L,_ 'tit ~;;; e, <:;;) ~ , " ~~ .~ ~ ,,) ~ to /' ~ I~:-) ~ ~ " ~ 9l =-"' - ' '- \" COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION: AT CAMP HILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - EQUITY WILLIAM MICKELSON, Defendant 95-4274 EQUITY TERM ORDER OF COURT AND NOW, this 14th day of August, 1995, upon consideration of the Plaintiff's Motion for Preliminary Injunction, and an ex parte preliminary injunction having been issued by this Court on August 9, 1995, and the Defendant now appearing in court with his Court-Appointed counsel, Daniel J. Sodus, Esquire, and having indicated through counsel that he has resumed eating voluntarily, and is willing to permit the entry of a continuation of the preliminary injunction, it is ORDERED and DIRECTED as follows: The Motion For Preliminary Injunction previously issued ex parte by this Court on August 9, 1995, is continued in full force and effect, and William Mickelson may be involuntarily administered medical treatment, including, but not limited to, nutrition and hydration as may be medically necessary to preserve his health and life as is determined by the medical personnel duly charged with his care. It is noted that the Defendant has resumed eating some food and, pursuant to an agreement with the Defendant's -~ "u~ fl/ 3 01 PH '95 (I' "1 tl'J.', ,., '~"I " 1.-'; .C'l(';f : "O,~ ': lr,) ,li;I;;I'lor f, . I, ~ -. counsel, in the event that forced nutrition and hydration is determined to be medically necessary by his medical personnel, Defendant's counsel shall be notified of that fact, but such notification is not a precondition to administration of the treatment. J MARK E. GUZZI, ESQUIRE Assistant Counsel for Department of Corrections P.O. Box 598 2520 Lisburn Road camp Hill, PA 17001-0598 For the Plaintiff c..,.~:>u"'" ....,o<,,~(l, <to al IS'I tiS' 'I .,.8.1)' . DANIEL J. SODUS, ESQUIRE 7 Irvine Row carlisle, PA 17013 Court-Appointed Counsel For the Defendant Court Administrator SCIC wcy - ~ ~ COURT OJ' COIOlOII PLBAS OJ' CUKBBRLAIID COUNTY COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, Plaintiff v. No. . WILLIAM MICHELSON, Civil Action - Equity Defendant . . MOTION FOR PRELIMINARY INJUNCTION 1. Plaintiff's complaint in this matter is incorporated by reference as if fully set forth herein. 2. Defendant will suffer irreparable harm possibly resulting in death if ongoing, involuntary medical treatment including forced nutrition and hydration is not permitted. 3. Based upon the facts set forth in the complaint and in plaintiff'S concurrently filed application for ~ Darte issuance of an order of this preliminary injunction, plaintiff has a clear right to administer ongoing inVOluntary medical treatment in the form of forced nutrition and hydration. Commonwealth of Pennsvlvania. DeDartment of Public Welfare. Farview State RosDital v. JoseDh Kallinaer, Pa. Commw. _, 580 A.2d 887 (1990). . WHEREFORE, plaintiff requests this court to enter a preliminary injunction permitting the ongoing involuntary administration of nutrition and hydration necessary to preserve the health, safety and life of the defendant. ant Counsel tion No. 20840 Department of Corrections P.O. Box 598, 2520 Lisburn Road Camp Hill, Pennsylvania 17001-0598 Dated: August 9, 1995 L., j ~ If> -z ~r' .);) ,...... .i c':: '...., ( j ') 4 ,-, ._.~ ."j \' COURT 01' CODON l'LBAS 01' CUlCBBRLAND COUNTY COMMONWEALTH OF PENNSYLVANIA, . . DEPARTMENT OF CORRECTIONS, . . STATE CORRECTIONAL INSTITUTION . . AT CAMP HILL, . . . . Plaintiff . . . . v. . No. . . . WILLIAM MICKELSON, . civil Action - Equity . . . 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 ~ carte granting the concurrently filed motion for a preliminary injunction pending a hearing because of the following: 1. Plaintiff's complaint and motion for preliminary injunction in this matter are incorporated by reference as if fully set forth herein. 2. Defendant may suffer irreparable harm possibly resulting in death if the relief sought is not immediately granted. 3. Immediate relief as requested is necessary to sustain the life and health of the defendant pending the adjUdication of this matter. WHEREFORE, plaintitt requests this court to order a preliminary injunction, AX Darte permitting the involuntary administration ot nutrition and hydration ot the detendant in order to sustain his life pending the adjudication of this matter. Respectfully submitted, tant Counsel tion No. 67874 Department of Corrections P.O. Box 598, 2520 Lisburn Road Camp Hill, Pennsylvania 17001-0598 Dated: August 9, 1995 ktJf-\';^.~ ~ COOllT 01' COHKOH PLUS 01' CUMBERLAND COUHTY COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, . . . . . . . . Plaintiff . . v. No. q,r- L{2.7Lf f'rl- T~ civil Action - Equity WILLIAM MICHELSON, Defendant : ORDER AND NOW, this ,iI, day of A\)O.....t ,1995, upon the plaintiff's application for a preliminary injunction ~ carte and based upon the affidavit of the attesting physician, it appears that immediate relief is necessary in order to preserve the life of the defendant pending the adjudication of this matter. Therefore, it is hereby ordered that: 1. William Mickelson may be involuntarily administered medical treatment including but not limited to nutrition and hydration as may be medically necessary to preserve his health and life pending the adjudication of this matter, as is determined by the medical personnel duly charged with his care. ~ i J n'I"'5 .. II J , ;,~ . : 2. A hearing on this matter shall be scheduled in accordance with Pa. R.C.P. 1531. BY THE COURT -lL1h~O'! J.