HomeMy WebLinkAbout2004-180 Civil
ALTON BROWN, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
PA. DEPARTMENT OF :
CORRECTIONS, ET AL., :
DEFENDANTS : 04-0180 CIVIL TERM
IN RE: MOTION TO DISMISS
OPINION AND ORDER OF COURT
Bayley, J., February 6, 2006:--
Plaintiff, Alton Brown, filed a complaint seeking monetary damages and other
relief on allegations relating to the conditions of his confinement under the jurisdiction
of the Pennsylvania Department of Corrections. The Judicial Code at 42 Pa.C.S.
Section 6602 provides:
(e) Dismissal of litigation.—
Notwithstanding any filing fee which
at any
has been paid, the court shall dismiss prison conditions litigation
time
, including prior to service on the defendant, if the court determines
any of the following:
(1) The allegation of indigency is untrue.
(2) The prison conditions litigation is frivolous or malicious
or fails to state a claim upon which relief may be granted or the
defendant is entitled to assert a valid affirmative defense, including
1
immunity, which, if asserted, would preclude the relief.
(f) Abusive litigation.—
If the prisoner has previously filed prison
conditions litigation and:
(1) three or more of these prior actions have been
dismissed pursuant to subsection (e)(2); or
(2) the prisoner has previously filed prison conditions
__________
1
“Prison conditions litigation” is defined in Section 6601 as:
A civil proceeding arising in whole or in part under Federal or State law
with respect to the conditions of confinement or the effects of actions by a
government party on the life of an individual confined in prison. The term
includes an appeal. The term does not include criminal proceedings or
habeas corpus proceedings challenging the fact or duration of
confinement in prison.
04-0180 CIVIL TERM
litigation against a person named as a defendant in the instant
action or a person serving in the same official capacity as a named
defendant and a court made a finding that the prior action was filed
in bad faith or that the prisoner knowingly presented false evidence
or testimony at a hearing or trial; the court may dismiss the action.
The court shall not, however, dismiss a request for preliminary
injunctive relief or a temporary restraining order which makes a
credible allegation that the prisoner is in imminent danger of
serious bodily injury. (Emphasis added.)
The Commonwealth Court of Pennsylvania determined that Alton D. Brown is
Brown v. James,
subject to the three strikes rule in Section 6602(f)(1). 822 A.2d 128
2
(Pa. Commw. 2003). Brown has not sought preliminary injunctive relief or a temporary
restraining order which makes a credible allegation that he is in imminent danger of
serious bodily injury. Accordingly, the following order is entered.
ORDER OF COURT
AND NOW, this day of February, 2006, the motion of defendants to
IS GRANTED. IS DISMISSED.
dismiss plaintiff’s complaint, Plaintiff’s complaint,
By the Court,
Edgar B. Bayley, J.
Alton Brown, DL-4686, Pro se
SCI-Fayette
P.O. Box 9999
LaBelle, PA 15450
__________
2
The Supreme Court of Pennsylvania denied a petition for allowance of appeal at 848
A.2d 930 (Pa. 2004).
-2-
04-0180 CIVIL TERM
Debra Sue Rand, Esquire
Pa. Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
For the Defendants
:sal
-3-
ALTON BROWN, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
PA. DEPARTMENT OF :
CORRECTIONS, ET AL., :
DEFENDANTS : 04-0180 CIVIL TERM
IN RE: MOTION TO DISMISS
ORDER OF COURT
AND NOW, this day of February, 2006, the motion of defendants to
IS GRANTED. IS DISMISSED.
dismiss plaintiff’s complaint, Plaintiff’s complaint,
By the Court,
Edgar B. Bayley, J.
Alton Brown, DL-4686, Pro se
SCI-Fayette
P.O. Box 9999
LaBelle, PA 15450
Debra Sue Rand, Esquire
Pa. Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
For the Defendants
:sal