HomeMy WebLinkAbout95-04642
~
]
~
)-
~
{
j
~
~
,
~
J~ I
,--"
, .' ',;;;: .;,;.
. . .'.; ;';:,:,.,::).;::~,v:~;j!!;<;"':'~f
'. '0' )"i"X'}"_:,'~' ,. k'!',\~;::,/ '.
'- '\;':.';;" J
' "',:,,~:,, ':',\ ;,:.<>",
' " .;.,":,:, ,".'
" -, "- ""',,,"., """::"":~'''i~';i(:'':'';>'':'': '>.,".
' ,', '" " .,; : <',':'::':"~}~;""'(;~'/"
" . , , ".>' ',' - ,";' ,r,;' ,'.
' :'- ""', ,'<" ':'" ,
"- '. ", ,:;,,,,.,,.;S\"':'~\ '.i ',':;:',; ";" "
" " . ;/-' ' '-, ,;:,-::: ,i;,.,!" 'c,
'. ." i.. ~.; . . ..; ';~:.. .C:t.:. ~. ,..' ;,;i
i. .c' .:J; iL '.. . : '.! ;! '., . '" ;:" ",". ,..i", k
.C.: . ':', :., .' '.~~ '>)', ",' .\C., ..,,~ ',:"'. . ,'"
~,;: .'~,. '. ~;~';;;;:; ~.~ "':';'::"".;:(I)'5""; }; ,'. ','
"",.<:: :/ ';';:"";';~':::~:.': .' . '" ;~;...
.,;, . ,,', --;'" ". ",' ..,'. 'fi'~JI,<:"U~<.'::~;;;j,!~,::.~~,
. .,. ',! ',,' ;.. ,. . .; . . ,.' ". .. !C\':.' '.- ,;"CO
-',',.i\ ":"'\:'':':;''\;'' ',ii-" '.'.~:'S',.: "~) '~'_ ,f,;:: ,: ,;'.' ; ~~i~11{~~?: '
.:;:, i; ..;' ;,;:::;:,;;,L:'1~;. ' '<"i':;,; i'i '~'.,:;."C' ;".,'.'." ,."
,<~",:\" .':::;;{'l'~'::',;~W ;>, "\/",:,1.: '.:: .,: ,.
..;.... .., 'f' . '"-::''' ',,,;i ... >'. ",
. ,." >-ie,.. ".... "'. ': '.' '"'' '. ,.',.' :..
' ':,:':.' ;';,(<; (:,'<: -,>.~ ~i;j '!'.":::;~~!:!::[z
. . ; "~'c., ~~;. <;'" ..,'<,,:,:~,:.
" ,;,.~:/.):... ,; ';,:;:;\. .,.,;:.: ..~.') :~tt.;~
. . .' ::;; ; .:':,' :" :'. ::;, ..~:i!;k.., .
' ':, ;,':-f:' ,.'.,"'".":,;.:,:.';..;.,, :,3 '., ,; ,':
" .:":'; . ",<;,;,: "<. ~;':, < ',;. '':'>'''~';:'::.:, ,(;,),
,:.... ... ...' ,..... .; ';";,t" (';'; 1'.,,>',., ':"" ,.. . ;"
".:,c .: /.: . .' ,.";;~:;;:, :'i.. ...;\ .~> .",,, ,
," - ;';>:~~i!-~:;,;;;.i}'}':'?;" ;',Z:;., .
':"'., """';"'':,:''::'':';;''': f:;:., "
'>:':'" .(,..;;~;: c. ~ ' ;,
~-,-- ,.},:;;:-}.,,:,~~,~,.:; '0 Y;;,i;', '::f,."-'
. , .. ". '; , ':0' .,..c.. "',; ,,::..'
.. . r 'i.; " '::.: :. ..:,''!';,," ' ;' '.'c~,~,
'.' '. - . ,ZO~~~ii~ ';<l~~i
',\di;~ ~i(f'f':'~~:"co .?,:"L{ . ", -.1,
' ~'0r~ _ ~~. ~
. -.: ",' . "." ... . ".-, ". .,"
';;:;:':::"',,;,:: .,;.;., ',:'<: ',:..;- ....,. -,'
<;(.j.-, ,.'" i;',~ .:: ~~~f':; 'tit i.iG:,:.. ."
.. ':f:;i,':-oi~;, <w;~;:;.~;~~::;':': .""., /;">"!"~_\_:",}<,~Y , 'c'" "
., ~l.:;:rJ';': ;i.i "'c.::;.;; " ..' 'if
.:'; .,. '.. . >'c, ~:~:;;"i'" ~ -..:, .-..' '. ."i. ".
. :":t!::{i.~'::r2\:;.~ :~~;.. ii,
'.- . '''i ,V; .,:i. ';"i "\', ,'. ...... .- "i... ."
. '. ,~;;i':;.?;: '>"~\?>>"j~:;;/,<,'/:";',~:;;,<~,,~, "
"~')L)' ;,:, ::::.;:"';::::";;~;~'::;>'::"":" ,':~( ,
. ,3 .. '.i ,~: 'i:.."....o .' u'. .- -. . , ,": ,"'.'K:-:' .. i '~
":";,:,,,~ '--' "'" ',%:".. " ....: '. ,..,f. .:. "';'. c
"?i:t~S/" ., .;:?:y" . ..:.... it..:,;
;~~~~i~; >,"~;r"'0]!i~~i;'''i.::;,;;,'~~;:.~I'f. . ..... "'_'; "t~
", . .... . . .
' ", ':' ,.. '/;';";:>" J; ': ,'.' :, " "', '" ,
" ..'..:< ,;,;
" ':-" ,..:'.... '.
~
\\
:~i
",-
'0"
,;'
"
" ;,", ,
'''~"", .
., ".
H l
. ~ 1
COURT OF COHHON PLEAS OF COKBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
:
.
.
.
.
.
.
.
.
Plaintiff
.
.
No. qs- - Lf0 4-L ~ T~
Civil Action - Equity
v.
HICHAEL WALKER,
Defendant
.
.
NQTICE 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 demand ado 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 de be 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 demand a . Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
Commonwealth of pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
camp Hill, PA 17001-0598
(717) 975-4864
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 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR CONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Court Administrator
cumberland county Courthouse, 3rd Floor
Carlisle, PA 17013
Telephone: (717) 240-6200
&. .~(t;.~(j Jl1). SOA~
Randall N. Sears
Assistant Counsel
Attorney Identification No. 39301
':D-<-. L. /r-s--
David L. Horwitz
Assistant Counsel
Attorney Identification No. 47226
Dated: August 30, 1995
COURT 01' COKHOH PLUS 01' CUJlBBRLUID COmITY
COHMOIDiEALTH OF PENNSYLVANIA, .
.
DEPARTMENT OF CORRECTIONS, .
.
STATE CORRECTIONAL INSTITUTION .
.
AT CAMP HILL, .
.
.
.
Plaintiff :
. 'It. <{.2- ~ I.u.-.
.
v. . No. 9's-
.
.
.
HICHAEL WALKER, . civil Action - Equity
.
:
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 is an inmate presently incarcerated in the
Special Hanagement Unit (SMU) at the State Correctional
Institution at Camp Hill.
5. Defendant has been on a hunger strike for approximately
nine (9) days during which time he has refused to take
any solid foods or protein supplements.
6. To the best of Plaintiff's knowledge, during the time of
his hunger strike, Defendant has had minimal liquid intake.
7. The SMU at the state correctional Institution at Camp
Hill is the Department of Corrections' central maximum
security unit for housing inmates who are deemed to pose
very high security risks anywhere else within the
correctional system.
8. It appears from Defendant's conduct and behavior that he
is not presently committable under the Hental Health
Procedures Act, 50 P.S. 557101 ~ ~.
9. Defendant's medical condition has been monitored on a
continuous basis since the third day of this hunger
strike.
10. Dr. Lasky, a physician providing medical services at the
SCI-Camp Hill, visited Defendant on August 30, 1995.
During this visit Dr. Lasky observed that Defendant
appeared to be lethargic, slow moving and had slurred
speech which Plaintiff believes could be the effects of
starvation and dehydration.
11. It is impossible to determine Defendant's precise medical
condition without obtaining samples of blood and body
fluid from him.
12. It is the opinion of Dr. Lasky that Defendant is in
imminent danger of tissue breakdown caused by severe
carbohydrate, fat, protein and fluid deprivation.
Without the involuntary administration of nutrition and
hydration, Defendant is in danger of going into coma or
cardiac arrest, possibly resulting in death.
13. Without intervention in the form of forced nutrition and
hydration as soon as possible, Defendant will likely
suffer severe and irreparable harm, includin9 death.
14. It is impossible to predict at what point Defendant's
condition may result in irreparable harm, theretore,
immediate intervention is necessary.
15. Defendant's conduct threatens the good order of the SCI-
Camp Hill in that other inmates may engage in hunger
strikes as a result of Defendant's conduct or may believe
that Plaintiff is not concerned with their physical well
being.
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, hydration and medication as may
be necessary to preserve the safety, health and life of
Defendant.
B. Authorizing the Plaintiff through medical staff to obtain
involuntarily from Detendant samples of blood and body
fluid for analysis.
!
,
i
I
I
\
i
I
I
I
I
\
I
COURT 01' COMMON PLUS 01' CUKBB1lLUID COmITY
COMMONWEALTH OF PENNSYLVANIA, .
.
DEPARTMENT OF CORRECTIONS, .
.
STATE CORRECTIONAL INSTITUTION .
.
AT CAMP HILL, .
.
.
.
plaintiff .
.
.
.
v. . No.
.
.
.
HICHAEL WALKER, . Civil Action - Equity
.
Defendant .
.
AFFIDAVIT
I, Hartin L. Lasky, D.O. 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 1966.
2.
Hr. Walker has been on a hunger strike for approximately
nine (9) days and during that time has refused to take
any solid food. To the best of my knowledge, he has had
minimal liquid intake throughout that time.
3. Hr. Walker has been visited by a physician daily since
the third day of his hunger strike, however, he has
refused to permit a physician to perform either an
external physical examination of him or to obtain samples
of blood or body fluids for analysis to determine his
condition.
4. I visited Mr. Walker August 30, 1995.
5. During my August 30, 1995 visit, I observed that Hr.
Walker appeared somewhat lethargic, slow walking and
spoke with a slight slur which I believe could be the
effects of starvation and dehydration.
6. Hr. Walker's precise condition cannot be determined
without obtaining samples of blood and body fluid for
analysis.
7. Hr. Walker has refused a liquid protein supplement that
was offered in order to stabilize his medical condition.
8. Mr. Walker 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 administer nutrition, hydration, and
Medical treatment.
9. Although Hr. Walker's precise medical condition cannot be
determined without obtaining samples of blood and body
fluid for analysis, my visual observations indicate that
unless Mr. Walker is administered nutrition and hydration
as soon as possible, he will likely suffer tissue
breakdown caused by severe carbohydrate, fat, protein and
fluid deprivation, which may result in coma, cardiac
arrest and possibly death.
10. It is our plan upon the court's approval of this request,
to administer nutrition and hydration through a nasal
gastric tube. Such treatment is immediately necessary in
order to prevent Hr. Walker from suffering irreparable
harm as described above. It is also our plan to obtain
from Mr. Walker samples of blood and body fluid for
analysis.
ItL ~~f ffD
Hartin L. Lasky, D.O.
.-
) 1'i1~
!.
I
I
I
COURT OF COMMON PLEAS 01' CUMBBRLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
v.
No.
HICHAEL WALKER,
civil Action - Equity
Defendant
VERIFICATION
I, Jeffrey A. Beard, Ph.D., am the duly appointed Deputy
Commissioner for the Central Region of 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 Hichael Walker. I hereby verify that the allegations
contained in the attached complaint are true and correct to the
best of my knowledge, information and belief.
Jef eard, Ph.D.
De 0 lssioner, Central Region
PA epartment of corrections
-'""1
COURT 01' COKHON PLEAS 01' CUKBBRLAHD COmITY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
v.
No.
HICHAEL WALKER,
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
Hichael Walker
SCI-camp nill
P.O. Box 200
camp Hill, Pennsylvania
17011
Commonwealth of Pennsylvania
Department of corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
~Ot:lVC ,U, -S, t.o-...J
Randall N. Sears
Assistant Counsel
Attorney Identification No. 39301
Dated: August 31, 1995
Served:
Application for IX Parte Preliminary Injunction
Hotion for Preliminary Injunction
Complaint
.
i
f
i..
~
r--
-
'::J
Ln
en
-
.
~
~ ~
*lO
~
'\\- ~
~~
>-,..
:it:
~ ut.:;'::;:-:~
-.c;% (".. ~" C-.~ ;.::
Ln U:t;U~
:J" i.....r.I..?-,
(",.. ".,"
. '-,":t.}
.', '~....J r:
~
0)
.::)...
~
~co
-
- : ~.I
- ~. ~'. ..,....
("r) ;_:.';
c.,
:::J
-=.;
". , ~
U-
, i
I
~
. .'
COURT 01' COMKON PLUS OF CUNBBRL~ COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
NO.QS"-Ll-blf2.. ~T~
Civil Action - Equity
plaintiff
v.
.
.
HICHAEL WALKER,
.
.
.
.
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, hydration and medication and
medial testing is not permitt.ed.
3. Based upon the facts set forth in the Complaint and in
Plaintiff's concurrently filed application for AK 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, hydration and medication. Commonw....1th of
c::
, c'
Pennsvlvania. DeDartment of Public Welfare. 'Farvit)l State
HosDital v. JoseDh Kallinaer, 134 Pa.
commw. 4~, 580
. ~-~ ~'. .&
0>
:" !)';' c', s,..--
"'~....., ~
,. .
.' 7 .-
.~?; $
A.2d 887 (1990).
\,
WHEREFORE, plaintiff requests this court to enter a
preliminary injunction permitting the ongoing involuntary
administration of medical treatment, including but not limited to
nutrition, hydration and medication, as necessary to preserve the
health, safety and life of the Defendant.
Respectfully sUbmitted,
J2~~ /...j ~.\~
Randall N. Sears
Assistant Counsel
Attorney Identification No. 39301
YA- L, /I G
David L. Horwitz
Assistant Counsel
Attorney Identification No. 47226
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
Dated: August 30, 1995
AUTHOR'~TO PAY COURT APPOINTED COUNSEL i~ ~.. ' 1-
" .
I COURT 2 VOUCHER
o Dlslrlct Justice ~ Common Plea. o Appellale o Of her l\lo 2060
J FOR 10 J, C P. APPELLATE) ., AT ICITY/STATEI ., BUDGET CODE
C.P. Carlisle, Pennsylvania :'-1 -.B" ' (,'4lJ -0':"8'
6 IN THE CASE OF 7, CHARGE/OFFENSE tPURDON CITA TIONI a, C PETTY OFFENSE
Comroonwealth v. Walker C FELONY C MISDEMEANOR
9 PROCEEDINGS IOe'Cflbe bttlllvJ ", PERSON REPRESENTED 12, CIVIL DOCKET NO,
lJU o.l.nd."" . Ad"''' 95-4642 Equity
. 0 aellnd.n, . Ju"",,11
] 0 "ooelll"'l 13, CRIMINAL DOCKET NO
. " "0"111,.
. " H.~U Pelitlo"e,
. U ....'.,'.IW.''''.''
, " P.'ol.. en.tOell W"" Yoolallon
10 PE~SON REPRESENTED <<Full Name) . a PrOIl.hOI'l" ell,rOld W,ll, V.o"lion ,., APPEALS DOCKET NO
9 0 01""
Michael Walker
6/31195 '6 NAME OF ATTORNEY/PAYEE AND
AuoIO"'e MAILING ADORESS
Daniel J. Sodus, Esquire
J. Wesley Oler, Jr. 7 Irvine Row
NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Carlisle, PA 17013
17, TE~EJ:HONE No. 1'8. SOCI"'LSECUAITY~O OAfll'~O
717 243-1767 201-56-0599
CLAIM FOR SERVICES OR EXPENSES
19, SERVICE HOURS DATES AMOUNTS CLAIMED
a_ A"algnment Indlor PIli Mulllply 'II, per hour 11m.. tatl'
b p,.hmlftl,., H..,lng fM)ur. 10 obtain .In Court'" com.
penllllon. Enl., total below
c. Molions and ReQu..ta
... d. SI" H..nng,
0:
:> H S.nlenCI H..rlng.
0
U I T"II
;!;
Q RlvOClllon HI"lngs
h. Juvenlll HI.rlngl
l. A"De,l, Court 19A. TOTAL IN COURT COMPo
I Other ISD'Clfy an Iddillonal 11'1..111 Hearing on .4 9
Preliminary Injunction TOTAL HOURS. .4 x $SO PER HOUR .$ 20.00
20, I Inle~lew' and conler.ne.. 1,0 MulhPty till per fMJUI 11m.. lotll
b Obl'Inlno Ind ,.v.....,Ing rKDrdl 1,0 hOUtL Enl., lalal .Oul of Court"
...... campen,ellon bllow.
00: c. LeQII re,..rCh and bnel *,"llng , "
~:>
:>0 12, In.....sDoaD~ and ott'!.t work (Spec,., on addelianallhe.ts1 20A. TOTAL OUT OF COURT
ou COMPo
TOTAL HOURS. 5.4 X SolO PER HOUR . $ 216.00
21 ITEMIZATION OF REIMBURSABLE EXPENSES AMI PER ITEM
MIOilno S25 Nt, mile I
0:
w
l: 21A. TOTAL ITeMIZI!D UP.
~
0
.$
22 CERTIFICATION OF AnORNEv/PAYEE 23, GAAND TOTAL CLAIMI!D
Has cornpan....on endlot IIlmbut..m.nt lor ~jn thl, CUI pt.vlOUlty bien appll.d far? eVES C NO .$ 236.00
II yes, ""He you paid') eVES C NO )t18i:bY.homW.,.~paICP , How much? 2., DI!DUCT. PAIOA PVMTS,
Has me pm,on ,ep'..ented p.ld .~~n.Y fO,o;., or 10 youl n,!",~' any~. ..... In conn.cflon .,t. ,.. m.nor lor
.....nlcl'l you Wi'" apPOlnled 10 provld tePt..",~i,~_ C VE'/, NO ~~ give dlt.,l, on eddluanlllhe.11 -$
1,..-e.1rorallumlhelrulhorconlcln / ._':-~..J / -- '/'. .' /~. 9':-'- 2' NET AMOUNT CLAIMI!D
01 ,,,,, .IDOl/lit slalemnnls 7 Sign'l~ of AnOlnly/Plw" D,tl .$ ,.:,(., ( C
;?6" ':"',:," "1 'j.qna'uII 01 ~.'\. Wt4 f.'?, O~ I fl1 ZJ G.L c. ,i11 1 21 AMT, APPAOVI!Dl
.......' ',' Jut)u., ; (' . ., 011. .s l.~"'.OO
<, ~r;I-'jJ
~
Copy 1 ' Mail to Court AdminIStrator al completion 01 sorvlco
>-: If) ;..
It-: IJ"; "..'"
.,'
1-' ,'-
~~~) ~ :.)..~
.l-~
.. -::-'
-(.". .-' .);~
p- ./ U.... '!~
'-l
0-'
@' r-' '~," U)
, (~
L' I J;~
[,III ,,0 ::,riJ
1-' .I:( ~~1b-
I"
-- :c. ;:.~
\.1.- ~ :::>
0 (.)
u
...
u
~
o~
1991
AUTH...,.'."TO PAY COURT APPOINTED COUNb~_ ,-' M R5 1!lwJ
:
I. COURT 2, V~~HER ?O60
a District Justice Ii Cammon Pleas o Appellale o Othe,
3, FOR (OJ, C,P. APPELLATE) 4. AT ICITY/STATE) 5, BUDGET CO~~nlJ~
C.P. Carlisle, Pennsylvania ')1 -2~'" - (J -o..J?
5, IN THE CASE OF 1. CHARGE/OFFENSE (PURDON CITATION) a, 0 PETTY OFFENSE
CoIIInonwealth VI Walker o FELONY 0 MISDEMEANOR
9. PROCEEDINGS (D."rib. brltllyJ II, PERSON REPRESENTED 12, CIVIL DOCKET NO.
I ~ o.'.nd.ft.. Adult 95-4642 Equity
2 0 O,I,"d,"I' J"",",,,
:J 0 AODell.", 13, CRIMINAL DOCKET NO
.. 0 "Doell,.
! :J Heben Perll'O""
I tJ frA,I"'I' WI'''I''
'1 0 P"ot.. CPI"Qld WIn, ytOllllOft
, 0, PERSON REPRESENTED (Full N.m.1 . 0 "Obehon., C""Q.4 WI'" VIQIaIJOft 14. APPEALS DOCKET NO.
Michael Walker tOOl""
8/31/95 IS, NAME OF AnORNEY/PAYEE AND
AHI O.le MAILINO ADDRESS
Daniel J. Sodus, Esquire
J. Wesley Oler, Jr. 7 Irvine Row
NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Carlisle, PA 17013
11, TE\";HONE No. 11. SOCIALSECuliUJ'tHQ ORI.N,.O
717 243-1787 201-56-0599
CLAIM FOR SERVICES OR EXPENSES
19, SERVICE HOURS DATES AMOUNTS CLAIMED
.. Anlta"""n. and/or PIe. ..uhlet., tll. per hour lim., latal
b Pr.I,"'It'l"Y H..ltng houri 10 obl,lIt "n Courr com-
PMIIUOft.. Ent., loti' below.
c. Motion. anet ReQu....
... d. Bad Hearing.
a:
:> . S.ntlne. H..rtng.
0
tJ l. T,.,I
"
o. R,voc.llon H.aring.
h. Juv.nll. H..,ingl
L ApP.III Cowrt 18A. TOTAL IN COURT COMPo
~ Other ISlMCify on IdddlOlll1 11'1..111 Hearing on .4 q
preliminary Injunction TOTAL HOURS. .4 x $SO PER HOUR -$ 20.00
20, a. Int''''''.1 1M conr...nc.. ., n Murhpey rI', per hour hm.. 10111
b. Obl.uunQ Ind "wl,Wlng ,ecorda I n ttours. Enler 10111 .Oul of Court"
...... camPtMIUon below.
00: e. t-ol' '....'Ch In4 tan,l wrlllng I "
...:>
"0 d. InvesaQIDW and olher WOf'k (Spear, on Idditional....tsJ 20A. TOTAL OUT OF COURT
otJ COMPo
TOTAL HOURS. 5.4 x S40 PER HOUR -$ 216.00
21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT, PER ITEM
Mloa"'. $,25 ....., m~8 .
a:
w
:I: 21'" TOTAL ITeMIZED UP,
I-
0
-$
n CERTIFICATION OF AnDRNEY/PAYEE 23. ORAND TOTAL CLAIMID
HI' comp.nU'IOft Indlor I,lmbura.m,nt 'Of ~n Ihl. caI. pr.vloully be.n appll.d lor? eYES C NO -$ 236.00
lIy..._oroyou....' 0 YES ~~q,.,"";r.;PI"" Hawmuch1
Has Ihe pet Ion "Pt'...nted p'id 'ny n,y 10 .. 0 10 you n l~, on, !Ie. In conn'Clion with the miner lor 24, DEDUCT. PIll0R PVMTS,
_h,eh you w.r. '..0'.'0. 10 .'0". '..'11 tl~ 0 y~'y~~I'. ....,1. on .~.'1l0..1 .h..I. -$
I s..,t or ,lIlfm Ihe 'rulh 01 conecln ~e,_..... ~- 2ff, 9'iJ- 25, NET AMOUNT CLAIMEO
01 .", ~bow' 11.I,mftnll 7' S'CIn.1 " 01 Atfomey/P'r" 0'1. -$ :>L31.., 0 0
26 ",,,,,".,,1 ~'I ""..\ .Wt4 (!? O~ I 01 ZI (.L (. .1117 21, AMT. APPIlOVEDl
fUll S~"'IU" ur . (" . -$ 2.~",OO
,....w,.., J"OQ. .011.
.
COpy 1 ' Mail to Court Administrator at completion of service
~
j:.?,
HJ~
". ,
~~~;
c-
:..~-
, L.
E!!'
F
u_
o
"I
c:
c;
2::
-,
;"'j<r
. . -,
~--,
<y;
.,_J
r:l
'I>:
'.liD
:.~~ a..
-:5
b
~-
;'.;:
~
-":'
N
c:
CJ_
oQ.
.....
O'l
"
v
v
5EP II 2 19 PH '95
, " JfFlCE
U , ' , , I.IIIOH'cTAhY
r.U!o1l~;'l.\HO C~UijTY
!'(H~~;JI_ ','AN 'l.
0"" r
1.
"
,
" f,', .
'1
4
F
AUG 31 9 26 AH '95
iJrrlCt
I)f tl' ;" lHOH'1lAr,'t
r.U~"JI.:."') cnudY
';'f.!-4h~,r i.'J,\~!:,
I,;
... O.
-="'1
'"
~
~
.~ I'
,0
7 r '-f
:t(." 'J '1;';
"
.
. I,
COURT 01' COHKON PLEAS 01' CtJMBDLAHD COUNTY
COMMONWEALTH OF PENNSYLVANIA, .
.
DEPARTMENT OF CORRECTIONS, .
.
STATE CORRECTIONAL INSTITUTION .
.
AT CAMP HILL, .
.
.
.
plaintiff .
.
. No. q)-4-"42-~J- T~
.
v. .
.
.
.
HICHAEL WALKER, . 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 Floo~"
Carlisle, PA 17013 , " '
Telephone: (717) 240-6200 ""
"'-
c:::
....
.....,
"
t.;.'r_ CO
NOTICA ',,'--~: 0.: .&:
:.O~~l U)
.,I: -,,-...
Le han demandado a usted en la corte. si l.qated ~iere
defenderse de estas demandas expuestas en las pagina~ligu~tes,
usted tiene viente (20) dias de plazo al partir de la tech~e la
demand a 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 s1 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.
7. The SMU at the state Correctional Institution at Camp
Hill is the Department of Corrections' central maximum
security unit for housing inmates who are deemed to pose
very high security risks anywhere else within the
correctional system.
8. It appears from Defendant's conduct and behavior that he
is not presently committable under the Mental Health
Procedures Act, 50 P.S. SS7101 ~ ~.
9. Defendant's medical condition has been monitored on a
continuous basis since the third day of this hunger
strike.
10. Dr. Lasky, a physician providing medical services at the
SCI-Camp Hill, visited Defendant on August 30, 1995.
During this visit Dr. Lasky observed that Defendant
appeared to be lethargic, slow moving and had slurred
speech which Plaintiff believes could be the effects of
starvation and dehydration.
11. It is impossible to determine Defendant's precise medical
condition without obtaining samples of blood and body
fluid from him.
12. It is the opinion of Dr. Lasky that Defendant is in
imminent danger of tissue breakdown caused by severe
carbohydrate, fat, protein and fluid deprivation.
without the involuntary administration of nutrition and
hydration, Defendant is in danger of going into coma or
cardiac arrest, possibly resulting in death.
13. Without intervention in the form of forced nutrition and
hydration as soon as possible, Defendant will likely
suffer severe and irreparable harm, including death.
14. It is impossible to predict at what point Defendant's
condition may result in irreparable harm, therefore,
immediate intervention is necessary.
15. Defendant's conduct threatens the good order of the SCI-
Camp Hill in that other inmates may engage in hunger
strikes as a result of Defendant's conduct or may believe
that Plaintiff is not concerned with their physical well
being.
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, hydration and medication as may
be necessary to preserve the safety, health and life of
Defendant.
B. Authorizing the Plaintiff through medical staff to obtain
involuntarily from Defendant samples of blood and body
fluid for analysis.
3. Hr. Walker has been visited by a physician daily since
the third day of his hunger strike, however, he has
refused to permit a physician to perform either an
external physical examination of him or to obtain samples
of blood or body fluids for analysis to determine his
condition.
4. I visited Mr. Walker August 30, 1995.
5. During my August 30, 1995 visit, I observed that Hr.
Walker appeared somewhat lethargic, slow walking and
spoke with a slight slur whicb I believe could be the
effects of starvation and dehydration.
6. Hr. Walker's precise condition cannot be determined
without obtaining samples of blood and body fluid for
analysis.
7. Hr. Walker has refused a liquid protein supplement that
was offered in order to stabilize his medical condition.
8. Hr. Walker 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 administer nutrition, hydration, and
medical treatment.
9. Although Mr. Walker's precise medical condition cannot be
determined without obtaining samples of blood and body
fluid for analysis, my visual observations indicate that
. .
COURT 01' CODON PLDS 01' CmmnLUD COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
.
.
.
.
.
.
.
.
.
.
plaintiff
v.
No.
MICHAEL WALKER,
Civil Action - Equity
Defendant
VERIFICATION
I, Jeffrey A. Beard, Ph.D., am the duly appointed Deputy
Commissioner for the Central Region of 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 Michael Walker. 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
, ,
"
:~
.~
,AUG 31 \995d~
COURT 01' CODON PLDS 01' CUJlBDLUD COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
v.
No. qs- LH42.. ~ T~
Civil Action - Equity
MICHAEL WALKER,
Defendant
ORDER
AND NOW, this "lh.t day of 1(.. f)..1 ~t , 1995, upon the
Plaintiff's Application for ~ Parte Preliminary Injunction and
based upon the affidavit of the attesting physician, it appears
that immediate relief is necessary in order to preserve the life of
the Defendant pending the adjudication of this matter. Therefore,
it is hereby ordered that:
1. Plaintiff may involuntarily administer to Defendant
medical treatment including but not limited to nutrition,
hydration and medication 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.
2. Plaintiff may obtain involuntarily from Defendant samples
of blood and body fluids for analysis.
, ,
.
. . .
.
3. A hearing on this matter shall be scheduled in accordance
with Pa. R.C.P. 1531.
BY THE COURT
~. //Lt.oO.( lJ.
.
COURT 01' CODOn PLEAS 01' CUJlBDLUD COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
v.
.
.
.
.
No. (j)- L(-blf 2- EM T~
civil Action - Equity
MICHAEL WALKER,
.
.
.
.
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 ~ Darte
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 adjud~Qation
. Co'
L-'
of this matter.
'-"-'
" -
CD
.c
.."
;>..-
="-
" .
. ~.
,
. :-
_. "
~ .J
-
<.0
.....
COURT 01' COMMON PLEAS 01' CUJlBDLUD COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
v.
No. q s:. Lf ~ '-IL [~T.uv.-
civil Action - Equity
MICHAEL WALKER,
.
.
.
.
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, hydration and medication and
medial testing 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, hydration and medication.
Commonwealth of
Pennsvlvania. DeDartment of Public Welfare. Farview State
HosDital v. JoseDh Kallinaer, 134 Pa. Commw. 415, 580
A.2d 887 (1990).
-:
'-
COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF
DEPARTMENT OF CORRECTIONS, : CUMBERLAND COUNTY, PENNSYLVANIA
STATE CORRECTIONAL INSTITUTION:
AT CAMP HILL, :
Plaintiff :
.
.
v.
.
.
CIVIL ACTION - EQUITY
MICHAEL WALKER,
Defendant
.
.
.
.
ct.."
",-.J"
.
.
95-4642 EQUITY TERM
IN RE: APPOINTMENT OF COUNSEL
ORDER OF COURT
AND NOW, this ;lstday of August, 1995, upon
consideration of the Commonwealth's complaint in the
above-captioned case, Daniel J. Sodus, Esquire, is appointed to
. .
represent the Defendant.
, ."
.
By the Court,
J.
DAVID L. HORWITZ, ESQUIRE
P.O. Box 598
2520 Lisburn Road
Camp Hill, PA 17001-0598
For the Commonwealth of Pennsylvania
Department of Corrections
DANIEL J. SODUS, ESQUIRE
7 Irvine Row
Carlisle, PA 17013
Court-Appointed Counsel for Defendant
Michael Walker
SCI-Camp Hill
P.O. Box 200
Camp Hill, PA 17011
Court Administrator
wcy
C-"tu.... ~ ~/?:.(lqs.
l!,.f.
on
~
:lC'
"'-
17>
=
N
>-:t-
00:....
~:::
",,"...~-.c
~z~'.j.
!-&.-o...;:.....
.....::z:c);...
~,..,,-~.,j
~:~/i~
-!,,;fU%
T.i~lo.J
,," :L')..
h..?
0"-'
',.
,
..
lJ"')
Ji
"'.
COURT 01' CODON PLDS 01' CUJlBDLUD COUNTY
COMMONWEALTH OF PENNSYLVANIA, .
.
DEPARTMENT OF CORRECTIONS, .
.
STATE CORRECTIONAL INSTITUTION .
.
AT CAMP HILL, .
.
.
.
Plaintiff .
.
. No. q5"-- 4bLf2. f~TAM-
.
v. .
.
.
.
MICHAEL WALKER, . 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 ~ Darte
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.
"....
<=
C7
<-..>
3. Immediate relief as requested is necessary .to sustain the
CD
life and health of the defendant pending theadJ~udtcation
~_:. '):~~.;~ ~
of this matter. ,.>;;. :r:
...:;< ~
1 September 5, 1995, 2:05 p.m.
2 Carlisle, Pennsylvania
3
4 (Whereupon, the following proceedings
5 were held:)
6 THE COURT: Which case are we doing first?
7 MR. SEARS: We can do the Raymond Warme case
8 first. We have reached a stipulation in the Walker case.
9 THE COURT: Let's do Walker and put the
10 stipulation on record then.
11 MR. SEARS: Your Honor, my name is Randall
12 Sears. I am representing the Department of Corrections, and
13 Mr. Sodus and I have agreed that we will continue the
14 preliminary injunction on Mr. Walker.
15 MR. SODUS: That's correct.
16 THE COURT: So there simply is an order
17 continuing the preliminary injunction to take care of this
18 case?
19 MR. SEARS: Yes.
20 THE COURT: And the preliminary injunction
21 was issued by Judge Oler on August 31st, 1995?
22 MR. SODUS: That's right, Judge.
23 THE COURT: All right. We'll enter this
24 order. This is on Michael Walker. This matter having been
25 called for a hearing this date, and upon agreement between
2
-- 1''' ~-
t~ -" (::
;.:~ c/; :.;
1I \~'" .,:","
.,
q:
t;:;L ~ "....~
Ol~' - -
6~: CT' ~.':,~1
~-- - .~1.,:::_
r.-, iCJ":
u:. \,ll '';: ~.Il
" \.... '.:!n...
f;: u_ -.
ti- er. :"~:..
0 o' n
~
.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
MICHAEL WALKER,
Plaintiff
Defendant
Civil Action - Equity
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,
Carlisle, PA 17013
Telephone: (717) 240-6200
3rd Floor
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 o en persona o pot abogado y archivar en la corte en forma
escrita sus defensas o sus objeciones a las 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 o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LAOFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse,
Carlisle, PA 17013
Telephone: (717) 240-6200
3rd Floor
Randall N. Sears
Assistant Counsel
Attorney Identification No. 39301
David L. Horwitz
Assistant Counsel
Attorney Identification No. 47226
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
Dated: August 30, 1995
COURT OF COMMON PLF.~S OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF CORRECTIONS, :
STATE CORRECTIONAL INSTITUTION :
AT CAMP HILL, :
Plaintiff :
v. : No. q~_ ~&¥~ 7~
:
: civil Action - Equity
:
Defendant :
MICHAEL WALKER,
COMPLAINT
6e
This action is brought in the court's original
jurisdiction.
Plaintiff is the Commonwealth of Pennsylvania, Department
of Corrections, State Correctional Institution at Camp
Hill.
The Department is an executive agency with the
responsibility of administering the state correctional
system including the State Correctional Institution at
Camp Hill.
Defendant is an inmate presently incarcerated in the
Special Management Unit (SMU) at the State Correctional
Institution at Camp Hill.
Defendant has been on a hunger strike for approximately
nine (9) days during which time he has refused to take
any solid foods or protein supplements.
To the best of Plaintiff's knowledge, during the time of
his hunger strike, Defendant has had minimal liquid intake.
7e
11.
12.
The SMU at the State Correctional Institution at Camp
Hill is the Department of Corrections' central maximum
security unit for housing inmates who are deemed to pose
very high security risks anywhere else within the
correctional system.
It appears from Defendant's conduct and behavior that he
is not presently committable under the Mental Health
Procedures Act, 50 P.S. §§7101 e__t seq.
Defendant's medical condition has been monitored on a
continuous basis since the third day of this hunger
strike.
Dr. Lasky, a physician providing medical services at the
SCI-Camp Hill, visited Defendant on August 30, 1995.
During this visit Dr. Lasky observed that Defendant
appeared to be lethargic, slow moving and had slurred
speech which Plaintiff believes could be the effects of
starvation and dehydration.
It is impossible to determine Defendant's precise medical
condition without obtaining samples of blood and body
fluid from him.
It is the opinion of Dr. Lasky that Defendant is in
imminent danger of tissue breakdown caused by severe
carbohydrate, fat, protein and fluid deprivation.
Without the involuntary administration of nutrition and
hydration, Defendant is in danger of going into coma or
cardiac arrest, possibly resulting in death.
13. Without intervention in the form of forced nutrition and
hydration as soon as possible, Defendant will likely
suffer severe and irreparable harm, including death.
14. It is impossible to predict at what point Defendant's
condition may result in irreparable harm, therefore,
immediate intervention is necessary.
15. Defendant's conduct threatens the good order of the SCI-
Camp Hill in that other inmates may engage in hunger
strikes as a result of Defendant's conduct or may believe
that Plaintiff is not concerned with their physical well
being.
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, hydration and medication as may
be necessary to preserve the safety, health and life of
Defendant.
Authorizing the Plaintiff through medical staff to obtain
involuntarily from Defendant samples of blood and body
fluid for analysis.
Providing such other relief as this court may deem
proper.
Respectfully submitted,
Randall N. Sears
Assistant Counsel
Attorney Identification No.
39301
David L. Horwitz
Assistant Counsel
Attorney Identification No.
47226
Dated:
August 30, 1995
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
No.
civil Action - Equity
AFFIDAVIT
I, Martin L. Lasky, D.O. 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:
I am licensed in accordance with the laws of the
Commonwealth of Pennsylvania to practice medicine and
have been so licensed since 1966.
Mr. Walker has been on a hunger strike for approximately
nine (9) days and during that time has refused to take
any solid food. To the best of my knowledge, he has had
minimal liquid intake throughout that time.
6e
Mr. Walker has been visited by a physician daily since
the third day of his hunger strike, however, he has
refused to permit a physician to perform either an
external physical examination of him or to obtain samples
of blood or body fluids for analysis to determine his
condition.
I visited Mr. Walker August 30, 1995.
During my August 30, 1995 visit, I observed that Mr.
Walker appeared somewhat lethargic, slow walking and
spoke with a slight slur which I believe could be the
effects of starvation and dehydration.
Mr. Walker's precise condition cannot be determined
without obtaining samples of blood and body fluid for
analysis.
Mr. Walker has refused a liquid protein supplement that
was offered in order to stabilize his medical condition.
Mr. Walker 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 administer nutrition, hydration, and
medical treatment.
Although Mr. Walker's precise medical condition cannot be
determined without obtaining samples of blood and body
fluid for analysis, my visual observations indicate that
10.
unless Mr. Walker is administered nutrition and hydration
as soon as possible, he will likely suffer tissue
breakdown caused bysevere carbohydrate, fat, protein and
fluid deprivation, which may result in coma, cardiac
arrest and possibly death.
It is our plan upon the court's approval of this request,
to administer nutrition and hydration through a nasal
gastric tube. Such treatment is immediately necessary in
order to prevent Mr. Walker from suffering irreparable
harm as described above.
from Mr. Walker samples
analysis.
It is also our plan to obtain
of blood and body fluid for
Martin L. Lasky, D.O.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
No.
Civil Action - Equity
VERIFICATION
I, Jeffrey A. Beard, Ph.D., am the duly appointed Deputy
Commissioner for the Central Region of 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 Michael Walker. I hereby verify that the allegations
contained in the attached complaint are true and correct to the
best of my knowledge, information and belief.
Dep~!/~om~issloner, Cen.tral Region
PA ~epartment of Corrections
bed
ay
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
We
MICHAEL WALKER,
Defendant
No.
Civil Action - Equity
PROOF OF SERVICE
I hereby certify that the foregoing documents were served on
the person and in the manner indicated below:
Personal service by hand-delivery
Michael Walker
SCI-Camp Hill
P.O. Box 200
Camp Hill, Pennsylvania 17011
Dated:
Served:
Randall N. Sears
Assistant Counsel
Attorney Identification No.
39301
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
August 31, 1995
Application for Ex Parte Preliminary Injunction
Motion for Preliminary Injunction
Complaint
lit C?IAEL %4 ALKER '
civil Action - Equity
Del endant
P1aintiff's complaint in this matter is incorporated bY
reference aS if fully set forth herein-
Defendant will suffer irreparable harm possibly resulting
involuntary medical treatment
in death if ongOing' hydratiOn and ~edicatiOn and
including forced nutrition,
medial testing is not permitted' complaint and in
Based upon the facts set forth in the
injunction,
plaintiff's concurrently filed application for
issuance of an order of this preliminary
clear right to administer °ng°in~
plaintiff form of force,
has a L_ent in the
. =_~,, medical trea~m . . co~
involun~ and medlcatl°n' ~.~_,=~
' 'on, hydration . -
nutrltl n~ al~, 5
A.2d 887 (1990)-
wHEREFORE, Plaintiff requests
preliminary injunction permitting
administration of medical treatment,
nutrition, hydration and medication,
health,
this court to enter a
the ongoing involuntary
including but not limited to
as necessary to preserve the
safety and life of the Defendant.
Respectfully submitted,
Randall N. Sears
Assistant Counsel
Attorney identification No. 39301
David L. Horwitz
Assistant Counsel
Attorney identification No. 47226
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
Dated: August 30, 1995
coURT OF COMMON PLEAS OF cUMBERLaND coUNTY
cOMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF CORRECTIONS, :
STATE coRRECTIONAL INSTITUTION :
:
AT CAMP HILL, :
Plaintiff :
:
MICHAEL wALKER,
Defendant
civil Action - Equity
ORDER
consideration of Plaintiff's Complaint in the above-captioned
matter, and an ex parte preliminary injunction having issued, a
hearing on the continuance of the preliminary In]unction is
SCH~LED for ~~ ~'' at .~ ,~0 , in courtroom No.
, cumberland county courthouse, carlisle, Pennsylvania.
Randall N. Sears, Esq.
Assistant counsel
Department of Corrections
p.O. Box 598
2520 Lisburn Road
Camp Hill, PA 17001-0598
Attorney for the Department
of Corrections
BY THE coURT,
F]LE gOP¥
AUTHORI
TO PAY couRT APPOINTED coUNSEL
2. VOUCHER
1. COURT
[] District Justice
3. FOR IDJ., C.P. APPELLATE)
THE CASE OF
Commonweal%h vs
Common Pleas [:3 Appeltate [:3 Other
~ ~ 4. AT (C~ .TYI;3i'ATE) ~ __~4a
~ carlisle, Pennsy~v~-~
Walker -- ~G~_/OFFENSE (PURDON CITATION)
11. PERSON REPRESENTED
9 PROCEEDINGS (Describe brielly)
PERSON REPRESENTED (Full Name)
t,~ chael Wale:er
8/31/95
j. Wesley Oler, Jr.
NAME OF COMMON PLEAS JUDGE ASSIGNED TO CA.c;t
16. NAME OF A~ORNEY/pAYEE AND
MAILING ADDRESS
Daniel J. sodus, Esquire
7 Irvine Row
Carlisle, PA 17013
SERVI
Arraignment and/or Plea
Other {Specify on additional sheets) Hearlng on
BUDGET CODE
OFFENSE
FELONY E] MISDEMEANOR
· CIVIL DOCKET NO.
95-4642 Equity
· CRIMINAL DOCKET NO
ALSDOCKETNO-
CLAIM FOR SERVICES OR EXPENSES ~
AMOUf~
Preliminary Injunc%ion TOTAL
research and brief writing
investigative and Other work (Specify on addi~onal sheets)
TOTAL HOURS= 5.4
TOTAL IN COURT COMP.
.4
= $ 20.00
.4 X SEO PER HOUR
X $40 PER HOUR
Multidl¥ rate per hour times total
hours· Enter total "Out of Coufl"
coml3ensation below.
2Ok. TOTAL OUT OF COURT
COMP.
=$ 216.00
X
2. CERTIFICATION OF A~I'ORNEY/PAYEE
.las compensation and/or reimbursement for ~
tfyes, wereyoupaid? [:3 YES r~ NO
Has the person represented paid any
which you were al
I swear or affirm the truth above statements
case previously been applied fo~ FI YES FI NO
How much? ,
~ connection with the matter for
~ details on additional sheets
2 -~-~ ~'~-- ._
Copy 1 - Mail to Court Administrator at completion of se~ice
21A. TOTAL ITEMIZEO EXP.
=$
23. GRAND TOTAL CLAIMED
=$ 236.00
DUCT. PRIOR IrfMTS·
=$
.)5. NET AMOUNT Ct.AIMED
=S
7. AMT. APPROVED1
cOURT
[~ District Justice ~ Common Pleas
D.J.. LATE)
AUTH~.~I'~TO PAY coURT APPOINTED coUNS--ff--
O Appellate [1 Other--
lisle,
. CHARGE/uFFENSE (PURDON CITATION)
Cor~aonwealth vs Walker
,NGS iDescribe brielly)
tO. pERSON REPRESENTEO {Full Name)
Michael Walker
8/31/95
j. Wesley oler, Jr. __
---'------------- ..... 'UDGE ASSIGNED TO CAS5
NAME OF coMMON I.,Lc~o ,~
N REPRESENTED
· vOUCHER O
T CODE
FELONY O MISDEMEANOR
· CIVIL DOCKET NO.
95-4642 Equity
13. CRIMINAL DocKET NO
APPEALS DOCKET NO.
-- 16. NAME OF A~'~'ORNEY/pAYEE AND
MAILING ADDRESS
Daniel J. Sodus, Esquire
7 Irvine Row
Carlisle, PA 17013
TELEPHONE NO.
Juvenile Heefi~gs
L ADDeSI$ Court
Other IS~eClfy on additional sheets) Hearing on
Preliminary injunction TOTAL HouRS
TOTAL HOURS =
.4
.4
5.4
ISES
DATE
X$SOPERHOUR
X $40 pER HOUR
A. TOTAL IN COURT COMP.
=$ 20.00
Mu tip~/rate per .h.o, uf times total
OUT OF COURT
COMP.
=s 216.00
ITEM
A. TOTAL ITEMIZED EXP,
..$
:2. CERTIFiCATiON OF A'Ct'OflNE¥/PAYEE
Has com0ensation and/of reimbu~emenl fei'
tlyes, were¥ouPm~d? E] YES O NO
Has the person re~resented paid any ~
whiCh you
I swear or affirm the truth o
n ti
GRANC
been a~lled for? [3 YES C1 NO .:$ 236.00
IEOUCT. pRIOR PYMTS.
~ .A~ ~ _ m*'~AMOUN~
Copy 1 - Mail to Court Administrator at completion of service
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL_
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
INSTITUTION:
IN RE: CONTINUANCE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 95-4642 EQUITY TERM
ERDER~E._~LQ11~I
AND NOW, this 5th day of September, 1995,
this matter having been cai]ed for a hearing this date, and upon
agreement between the parties, the preliminary injunction issued
by this Court on August 31, 1995, is continued,
By the Court,
Edgar B, Bdyley, J~ .....
Randall N, Sears, Esquire
Assistaat Counse]
For Department of Corrections
Daniel J. Sodus, Esquire
Court-appointed Counsel
:prs
COURT OF CO.ION PLF.~S OF CUF. BERL~.ND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
Civil Action - Equity
ORDER
And Now, this ~ day of ~~___~, 1995, upon
consideration of Plaintiff's Complaint in the above-captioned
matter, and an ex parte preliminary injunction having issued, a
hearing on the continuance of the preliminary injunction is
SCHEDULED for ~~[- ~ , at 3~ 30 , in Courtroom No.
~ , Cumberland County Courthouse, Carlisle, Pennsylvania.
Randall N. Sears, Esq.
Assistant Counsel
Department of Corrections
P.O. Box 598
2520 Lisburn Road
Camp Hill, PA 17001-0598
Attorney for the Department
of Corrections
BY THE COURT,
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPkRTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
Civil Action - Equity
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 Flo~
Carlisle, PA 17013
ph (717) :"
Tele one: 240-6200 .
NOTICA.
Si ~um~ad ~uiere
Le han demandado a usted en la corte.
defenderse de estas demandas expuestas en las paglna~lgu~ntes,
usted tiene viente (20) dias de plazo al partir de la ~echa~e la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma
escrita sus defensas o sus objeciones a las 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 o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LAOFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse,
Carlisle, PA 17013
Telephone: (717) 240-6200
3rd Floor
Randall N. Sears
Assistant Counsel
Attorney Identification No. 39301
David L. Horwitz
Assistant Counsel
Attorney Identification No.
47226
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
Dated: August 30, 1995
COURT OF CO~ON PLF~S OF CUmBERLaND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
MICHAEL WALKER,
Plaintiff
Defendant
No.
Civil Action - Equity
COMPLAINT
6e
This action is brought in the court's original
jurisdiction.
Plaintiff is the Commonwealth of Pennsylvania, Department
of Corrections, State
Hill.
The Department is an executive
Correctional Institution at Camp
responsibility of administering the
agency with the
state correctional
system
Camp Hill.
Defendant is an inmate
Special Management Unit
including the State Correctional Institution at
presently incarcerated in the
(SMU) at the State Correctional
Institution at Camp Hill.
Defendant has been on a hunger strike for approximately
nine (9) days during which time he has refused to take
any solid foods or protein supplements.
To the best of Plaintiff's knowledge, during the time of
his hunger strike, Defendant has had minimal liquid intake.
The SMU at the State Correctional Institution at Camp
Hill is the Department of Corrections' central maximum
security unit for housing inmates who are deemed to pose
very high security risks anywhere else within the
correctional system.
It appears from Defendant's conduct and behavior that he
is not presently committable under the Mental Health
Procedures Act, 50 P.S. §§7101 et sea.
Defendant's medical condition has been monitored on a
continuous basis since the third day of this hunger
strike.
10. Dr. Lasky, a physician providing medical services at the
SCI-Camp Hill, visited Defendant on August 30, 1995.
During this visit Dr. Lasky observed that Defendant
appeared to be lethargic, slow moving and had slurred
speech which Plaintiff believes could be the effects of
starvation and dehydration.
11. It is impossible to determine Defendant's precise medical
12.
condition without obtaining samples of blood and body
fluid from him.
It is the opinion of Dr. Lasky that Defendant is in
imminent danger of tissue breakdown caused by severe
carbohydrate, fat, protein and fluid deprivation.
Without the involuntary administration of nutrition and
hydration, Defendant is in danger of going into coma or
cardiac arrest, possibly resulting in death.
13. Without intervention in the form of forced nutrition and
hydration as soon as possible, Defendant will likely
suffer severe and irreparable harm, including death.
14. It is impossible to predict at what point Defendant's
condition may result in irreparable harm, therefore,
immediate intervention is necessary.
15. Defendant's conduct threatens the good order of the SCI-
Camp Hill in that other inmates may engage in hunger
strikes as a result of Defendant's conduct or may believe
that Plaintiff is not concerned with their physical well
being.
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:
Authorizing the Plaintiff through medical staff to
involuntarily administer medical treatment including but
not limited to nutrition, hydration and medication as may
be necessary to preserve the safety, health and life of
Defendant.
Authorizing the Plaintiff through medical staff to obtain
involuntarily from Defendant samples of blood and body
fluid for analysis.
Providing such other relief as this court may deem
proper.
Respectfully submitted,
Randall N. Sears
Assistant Counsel
Attorney Identification No.
39301
David L. Horwitz
Assistant Counsel
Attorney Identification No.
47226
Dated:
August 30, 1995
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
COURT OF CO~ON PLF~B OF CUN~ERL~.,~D COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
MICHAEL WALKER,
Plaintiff
Defendant
No.
Civil Action - Equity
AFFIDAVIT
I, Martin L. Lasky, D.O. 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:
I am licensed in accordance with the laws of the
Commonwealth of Pennsylvania to practice medicine and
have been so licensed since 1966.
Mr. Walker has been on a hunger strike for approximately
nine (9) days and during that time has refused to take
any solid food. To the best of my knowledge, he has had
minimal liquid intake throughout that time.
e
e
Mr. Walker has been visited by a physician daily since
the third day of his hunger strike, however, he has
refused to permit a physician to perform either an
external physical examination of him or to obtain samples
of blood or body fluids for analysis to determine his
condition.
I visited Mr. Walker August 30, 1995.
During my August 30, 1995 visit, I observed that Mr.
Walker appeared somewhat lethargic, slow walking and
spoke with a slight slur which I believe could be the
effects of starvation and dehydration.
Mr. Walker's precise condition cannot be determined
without obtaining samples of blood and body fluid for
analysis.
Mr. Walker has refused a liquid protein supplement that
was offered in order to stabilize his medical condition.
Mr. Walker 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 administer nutrition, hydration, and
medical treatment.
Although Mr. Walker's precise medical condition cannot be
determined without obtaining samples of blood and body
fluid for analysis, my visual observations indicate that
10.
unless Mr. Walker is administered nutrition and hydration
as soon as possible, he will likely suffer tissue
breakdown causedbysevere carbohydrate, fat, protein and
fluid deprivation, which may result in coma, cardiac
arrest and possibly death.
It is our plan upon the court's approval of this request,
to administer nutrition and hydration through a nasal
gastric tube. Such treatment is immediately necessary in
order to prevent Mr. Walker from suffering irreparable
harm as described above.
from Mr. Walker samples
analysis.
It is also our plan to obtain
of blood and body fluid for
Martin L. Lasky, D.O.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
No.
Civil Action - Equity
VERIFICATION
I, Jeffrey A. Beard, Ph.D., am the duly appointed Deputy
Commissioner for the Central Region of 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 Michael Walker. I hereby verify that the allegations
contained in the attached complaint are true and correct to the
best of my knowledge, information and belief.
Dep~f ~Com~issioner, Central Region
PA ~epartment of Corrections
bed
COURT OF COMMON PLF~S OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Ve
MICHAEL WALKER,
Plaintiff
Defendant
NO.
Civil Action - Equity
PROOOFS~
I hereby certify that the foregoing documents were served on
the person and in the manner indicated below:
Personal service bv hand-delivery
Michael Walker
SCI-Camp Hill
P.O. Box 200
Camp Hill, Pennsylvania 17011
Dated:
Served:
Randall N. Sears
Assistant Counsel
Attorney Identification No.
39301
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
August 3'1, 1995
Application for ~x Parte Preliminary Injunction
Motion for Preliminary Injunction
Complaint
COURT OF COMMON PLEAS OF CUMBERI.~ND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
civil Action - Equity
:
:
ORDER
AND NOW, this ~L'~ day of ~, ~ , 1995, upon
the
Plaintiff's Application for Ex Parte Preliminary Injunction and
based upon the affidavit of the attesting physician, it appears
that immediate relief is necessary in order to preserve the life of
the Defendant pending the adjudication of this matter. Therefore,
it is hereby ordered that:
Plaintiff may involuntarily administer to Defendant
medical treatment including but not limited to nutrition,
hydration and medication 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.
Plaintiff may obtain involuntarily from Defendant samples
of blood and body fluids for analysis.
e
A hearing on this matter shall be scheduled in accordance
with Pa. R.C.P. 1531.
BY THE COURT
COURT OF COMMON PLEAS OF CUMBERL~,ND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
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 e__x Darte
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.
Defendant may suffer irreparable harm possibly resulting
in death, if the relief sought is not immediately
granted.
Immediate relief as requested is necessary to sustain the
life and health of the defendant pending the adjud~ation
of this matter.
WHEREFORE, Plaintiff requests this court to ex parte order a
preliminary injunction permitting Plaintiff or Plaintiff's designee
to administer involuntary to Defendant medical treatment including
nutrition, hydration and medication as may be necessary to preserve
his health and life pending the adjudication of this matter as
determined by the medical personnel duly charged with his care and
to obtain from Defendant samples of blood and body fluid for
analysis.
Respectfully submitted,
Randall N. Sears
Assistant Counsel
Attorney Identification No. 39301
David L. Horwitz
Assistant Counsel
Attorney Identification No.
47226
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
Dated: August 30, 1995
COURT OF COMMON PLF~S OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
No.
Civil Action - Equity
MOTION FOR PRELIMINARY INJUNCTION
Plaintiff's complaint in this matter is incorporated by
reference as if fully set forth herein.
Defendant will suffer irreparable harm possibly resulting
in death if ongoing, involuntary medical treatment
including forced nutrition, hydration and medication and
medial testing is not permitted.
Based upon the facts set forth in the Complaint and in
Plaintiff's concurrently filed application for ex parte
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, hydration and medication. Commonwealth of
Pennsylvania, DeDartment of Public Welfare, Farview State
Hospital v. Joseph Kallinqer, 134 Pa. Commw. 415, 580
A.2d 887 (1990).
WHEREFORE, Plaintiff requests
preliminary injunction permitting
administration of medical treatment,
nutrition, hydration and medication,
health,
this court to enter a
the ongoing involuntary
including but not limited to
as necessary to preserve the
safety and life of the Defendant.
Respectfully submitted,
Randall N. Sears
Assistant Counsel
Attorney Identification No.
39301
David L. Horwitz
Assistant Counsel
Attorney Identification No.
47226
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
Dated: August 30, 1995
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF CORRECTIONS, :
STATE CORRECTIONAL INSTITUTION:
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
95-4642 EQUITY TERM
IN RE: APPOINTMENT OF COUNSEL
ORDER OF COURT
AND NOW, this ~day of August, 1995, upon
consideration of the Commonwealth's complaint in the
above-captioned case, Daniel J. Sodus, Esquire, is appointed to
represent the Defendant.
DAVID L. HORWITZ, ESQUIRE
P.O. Box 598
2520 Lisburn Road
Camp Hill, PA 17001-0598
By the Court,
J.~es~*y Oier, ~., J.-~%'
For the Commonwealth of Pennsylvania
Department of Corrections
DANIEL J. SODUS, ESQUIRE
7 Irvine Row
Carlisle, PA 17013
Court-Appointed Counsel for Defendant
Michael Walker
SCI-Camp Hill
P.O. Box 200
Camp Hill, PA
17011
Court Administrator
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF CORRECTIONS, :
STATE CORRECTIONAL INSTITUTION:
AT CAMP HILL, :
Plaintiff :
MICHAEL WALKER, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
95-4642 EQUITY TERM
IN RE: APPOINTMENT OF COUNSEL
ORDER OF COURT
AND NOW, this ~l~day of August, 1995, upon
consideration of the Commonwealth's complaint in the
above-captioned case, Daniel J. Sodus, Esquire, is appointed to
represent the Defendant°
DAVID L. HORWITZ, ESQUIRE
P.O. Box 598
2520 Lisburn Road
Camp Hill, PA 17001-0598
For the Commonwealth of Pennsylvania
Department of Corrections
By the Court,
J. ~es~i~y O]-er,
DANIEL J. SODUS, ESQUIRE
7 Irvine Row
Carlisle, PA 17013
Court-Appointed Counsel for Defendant
Michael Walker
SCI-Camp Hill
P.O. Box 200
Camp Hill, PA
17011
Court Administrator
wcy
COURT OF COM~ON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF CORRECTIONS, :
STATE CORRECTIONAL INSTITUTION :
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
:
Civil Action - Equity
:
:
ORDER
Plaintiff's Application for E~ parte Preliminary Injunction and
based upon the affidavit of the attesting physician, it appears
that immediate relief is necessary in order to preserve the life of
the Defendant pending the adjudication of this matter. Therefore,
it is hereby ordered that:
Plaintiff may involuntarily administer to Defendant
medical treatment including but not limited to nutrition,
hydration and medication 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.
Plaintiff may obtain involuntarily from Defendant samples
of blood and body fluids for analysis.
A hearing on this matter shall be scheduled in accordance
with Pa. R.C.P. 1531.
BY THE COURT
COURT OF CO'NoN PLEA~ OF
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF CORRECTIONS,
STATE CORRECTIONAL INSTITUTION
AT CAMP HILL,
Plaintiff
MICHAEL WALKER,
Defendant
Civil Action - Equity
APPLICATION FOR EX PARTE PRELIMINARY iNJUNCTiO~j
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 p_~
granting the concurrently filed motion for a preliminary injunction
pending a hearing because of the following:
Plaintiff,s complaint and motion for preliminary
injunction in this matter are incorporated by reference
as if fully set forth herein·
Defendant may suffer irreparable harm possibly resulting
in death, if the relief sought is not immediately
granted· =.
Immediate relief as requested is necessary ~i~sust~in the
life and health of the defendant pending th~uda~ation
of this matter. ~ -.=:.~
WHEREFORE, Plaintiff requests this court to ex p~x~_9 order a
preliminary injunction permitting Plaintiff or Plaintiff,s designee
to administer involuntary to Defendant medical treatment including
nutrition, hydration and medication as may be necessary to preserve
his health and life pending the adjudication of this matter as
determined by the medical personnel duly charged with his care and
to obtain from Defendant samples of blood and body fluid for
analYsis.
Dated: August 30, 1995
Respectfully submitted,
Randall N. Sears
Assistant Counsel
Attorney Identification No. 39301
David L. Horwitz
Assistant Counsel
Attorney Identification No. 47226
Commonwealth of Pennsylvania
Department of Corrections
2520 Lisburn Road
P.O. Box 598
Camp Hill, PA 17001-0598
(717) 975-4864
COMMONWEALTH OF PENNSYLVANIA, :
DEPARTMENT OF CORRECTIONS, :
STATE CORRECTIONAL INSTITUTION:
AT CAMP HILL, :
Plaintiff :
:
V.
MICHAEL WALKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND cOUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 95-4642 EQUITY TERM
IN RE: PRELIMINARY INJUNCTION
Proceedings held before the
HONORABLE EDGAR B. BAYLEY, J.,
Cumberland County Courthouse, Carlisle, Pennsylvania,
on September 5, 1995, at 2:05 p.m.
in Courtroom Number Two.
APPEARANCES:
RANDALL N. SEARS, Esquire
For the Department of Corrections
DANIEL J. SODUS, Esquire
Court-appointed Counsel
For the Defendant
1
2
3
4
5
6
7
$
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
first ·
September 5, 1995, 2:05 p.m.
carlisle, Pennsylvania
(Whereupon,
were held:)
THE coURT:
MR. sEARS:
the following proceedings
Which case are we doing first?
We can do the Raymond War~e case
We have reached a stipulation in the Walker case.
THE COURT: Let's do Walker and put the
stipulation on record then.
MR. SEARS: Your Honor, my name is Randall
Sears. I am representing the Department of Corrections, and
Mr. sodus and I have agreed that we will continue the
preliminary injunction on Mr. Walker.
MR. SODUS: That's correct.
THE cOURT: So there simply is an order
continuing the preliminary injunction to take care of this
case?
MR. SEARS: Yes.
THE CouRT: And the preliminary injunction
was issued by Judge Oler on August 31st, 19957
MR. SODUS: That's right, Judge.
THE COURT: All right. We'll enter this
order. This is on Michael Walker. This matter having been
called for a hearing this date, and upon agreement between
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the parties,
on August 31,
record, Judge,
the preliminary injunction issued by this Court
1995, is continued.
MR. SODUS: I would like to just add for the
that Mr. Walker's reason for the hunger
strike was to draw attention to some civil matters being
addressed by Jim Flower in another civil matter, and that
his agreeing to an extension of the preliminary injunction
in this case in no way impacts or constitutes any admission
for the purposes of Mr. Flower's proceeding.
THE COURT: That is completely separated.
All right. That is understood. Fine. He may be taken back
downstairs to the holding cell, or wherever you are holding
this defendant, and I will deal with the other case.
(Whereupon, the hearing was concluded.)
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
Pamela R. Sheaffer ' 0~'-
Official Court Reporter ~
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
EdgaF B. Bayle~.
4