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HomeMy WebLinkAbout2007-2470 Civil FRANCIS BOYD, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : : V. : : DEPARTMENT OF CORRECTIONS, : LAMAR LIBHART, HEARING : EXAMINER, JOHN DOE, : INVESTIGATING OFFICER AND JOHN : DOE, MISCONDUCT ISSUER, : DEFENDANTS : 07-2470 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF’S AMENDED COMPLAINT OPINION AND ORDER OF COURT Bayley, J., September 27, 2007:-- On April 27, 2007, plaintiff, Francis Boyd, a state inmate, filed a complaint against the Pennsylvania Department of Corrections and some other individuals who work for the Department. He filed an amended complaint on June 22, 2007. Although not artfully drawn by plaintiff, the amended complaint seeks relief and damages for alleged violations of his constitutional rights which we construe to be under 42 U.S.C. Section 1983. All of the allegations of wrongful conduct are alleged to have occurred 1 during a riot at SCI Camp Hill in 1989 and its aftermath extending into 1991. Defendants filed preliminary objections, one of which seeks a dismissal on the basis of the running of the statute of limitations. Plaintiff and defendants have briefed the issue __________ 1 Plaintiff is now incarcerated at SCI Mahanoy. 07-2470 CIVIL TERM which is ready for decision. The statute of limitations in a 1983 action is the state statute of limitations for Wilson v. Garcia, personal injury actions. 471 U.S. 261, 105 S.Ct. 1988, 85 L.Ed.2d 254 (1985). In Pennsylvania, the statute of limitations for a personal injury action is two years. 42 Pa.C.S. § 5524. A statutory limitation is an affirmative defense that is properly raised by new matter in a responsive pleading. Pa. Rule of Civil Procedure Bartanus v. Lis, 1030. 332 Pa. Super. 48 (1984). Notwithstanding, where the affirmative defense is clear on the face of the challenged pleadings it may be Malia v. Monchak, considered on a preliminary objection. 116 Pa. Commw. 484 Kelley v. Kelley, (1988); 887 A.2d 788 (Pa. Super. 2005). The alleged wrongs committed by defendants occurred over a decade and a half ago. The statute of limitations has long since run. Therefore, the following order is 2 entered. ORDER OF COURT AND NOW, day of September, 2007, plaintiff’s amended IS DISMISSED. complaint, By the Court, 2 This resolution makes it unnecessary to discuss the other issues raised in the preliminary objections of defendants. -2- 07-2470 CIVIL TERM Edgar B. Bayley, J. Francis Boyd, AF-6974, Pro se SCI Mahanoy 301 Morea Road Frackville, PA 17932 Laura J. Neal, Esquire Assistant Counsel Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 :sal -3- FRANCIS BOYD, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : : V. : : DEPARTMENT OF CORRECTIONS, : LAMAR LIBHART, HEARING : EXAMINER, JOHN DOE, : INVESTIGATING OFFICER AND JOHN : DOE, MISCONDUCT ISSUER, : DEFENDANTS : 07-2470 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF’S AMENDED COMPLAINT ORDER OF COURT AND NOW, day of September, 2007, plaintiff’s amended IS DISMISSED. complaint, By the Court, Edgar B. Bayley, J. Francis Boyd, AF-6974, Pro se SCI Mahanoy 301 Morea Road Frackville, PA 17932 Laura J. Neal, Esquire Assistant Counsel Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 07-2470 CIVIL TERM :sal -2-