Professional Documents
Culture Documents
Major Tillery Retaliation Lawsuit Complaint
Major Tillery Retaliation Lawsuit Complaint
1.
This is an action for declaratory, injunctive and monetary relief for violations
of the First, Eighth and Fourteenth Amendments to the U.S. Constitution and
Sections 1, 2, 7 and 11 of Article I of the Constitution of the Commonwealth of
Pennsylvania pursuant to 42 USC 1983, 42 Pa Const. Stat. 6602(e)(c)1, and
violations of other Pennsylvania state law.
2.
Procedure 1006 because the events and omissions giving rise to the causes of
action occurred in Schuylkill County, Pennsylvania.
PARTIES
3.
Services. His address is: Secretary John Wetzel, Department of Corrections, 1920
Technology Parkway, Mechanicsburg, PA 17050.
5.
Mahanoy and is responsible for the overall operation of SCI Mahanoy including
the well-being and health of individuals incarcerated there. Defendant Kerestes is
sued in his individual and official capacities. His address is SCI Mahanoy, 301
Morea Rd., Frackville, PA 17932.
6.
Defendant Tritt is responsible for the overall operation of SCI Frackville including
the well-being and health of individuals incarcerated at SCI Frackville. Defendant
Tritt is sued in her individual and official capacities. Her address is SCI Frackville,
1111 Altamont Blvd, Frackville, PA 17931.
7.
Assistant and Facility Grievance Coordinator at SCI Frackville. She is sued in her
individual and official capacities. Her address is SCI Frackville, 1111 Altamont
Blvd, Frackville, PA 17931.
9.
Defendant DR. PAUL NOEL (Noel) is the Director of the Bureau of Health
3
Care Services of the DOC. The Bureau of Health Care Services is responsible for
the delivery of all medical and dental care services throughout the DOC.
Defendant Noel is sued in his individual and official capacities. His address is
Department of Corrections, 1920 Technology Parkway, Mechanicsburg, PA 17050
10. Defendant JOHN STEINHART (Steinhart) is the Chief Health Care
Administrator at SCI Mahanoy. Defendant Steinhart is the official with the
authority to insure that prisoners receive medical treatment and medical tests at
SCI Mahanoy. Defendant Steinhart is sued in his individual and official capacities.
His address is SCI Mahanoy, 301 Morea Rd., Frackville, PA 17932.
11. Defendant Dr. JOHN LISIAK (Lisiak) is a Doctor at SCI Mahanoy.
Defendant Lisiak is sued in his individual and official capacities. His address is
SCI Mahanoy, 301 Morea Rd., Frackville, PA 17932.
12. Defendant KAREN HOLLY (Holly) is a nurse at SCI Mahanoy. Defendant
Holly is sued in her individual and official capacities. Her address is SCI
Mahanoy, 301 Morea Rd., Frackville, PA 17932.
13. Defendant VICKIE STANISHEFSKI (Stanishefski) was until on or about
November 2015 was the Chief Health Care Administrator at SCI Frackville.
Defendant Stanishefski was the official with the authority to insure that prisoners
receive medical treatment and medical tests at SCI Frackville. Defendant
Stanishefski is sued in her individual and official capacities. Her last known
address is SCI Frackville, 1111 Altamont Blvd, Frackville, PA 17931.
14. Defendant Dr. HARESH PANDYA (Pandya) is a Doctor at SCI Frackville.
4
Defendant Pandya is sued in his individual and official capacities. His address is
SCI Frackville, 1111 Altamont Blvd, Frackville, PA 17931.
15. Defendant Maj. MICHAEL DAMORE (Damore) is head of Unit
Management at SCI Mahanoy. He is sued in his individual and official capacities.
His address is SCI Mahanoy, 301 Morea Rd., Frackville, PA 17932.
16. Defendant Lt. CLARK (Clark) is a security officer at SCI Mahanoy. He is
sued in his individual and official capacities. His address is SCI Mahanoy, 301
Morea Rd., Frackville, PA 17932.
17. Defendant GRIFFIN (Griffin) is the Unit Manager of DB block, SCI
Mahanoy. She is sued in her individual and official capacities. Her address is SCI
Mahanoy, 301 Morea Rd., Frackville, PA 17932.
18. Defendant Captain S DOWNS (Downs) is head of Security/Intelligence at
SCI Frackville. He is sued in his individual and official capacities. His address is
SCI Frackville, 1111 Altamont Blvd, Frackville, PA 17931.
19. Defendant SHARON LUQUIS (Luquis) is a Hearing Examiner at SCI
Frackville. She is. Her address is SCI Frackville, 1111 Altamont Blvd, Frackville,
PA 17931.
20. Defendant DORINA VARNER (Varner) is Chief Grievance Officer, DOC
Office of Inmate Grievances and Appeals. She is sued in her individual and official
capacities. Her address is Department of Corrections, 1920 Technology Parkway,
Mechanicsburg, PA 17050.
21. Defendant RANDALL SEARS, ESQ. (Sears) is DOC Deputy Counsel and a
5
Chief Hearing Examiner. He is sued in his individual and official capacities. His
address is Department of Corrections, 1920 Technology Parkway, Mechanicsburg,
PA 17050.
INTRODUCTION
22.
African-American man to stop and remedy retaliation against him for his exercise
of his First Amendment Rights. Tillery was subjected to numerous retaliatory acts
by the Pennsylvania Department of Corrections and its employees, including
medical neglect and medical mistreatment, unjustified cell searches, transfer to
another cell block, loss of his prison job and precipitous transfer from SCI
Mahanoy to SCI Frackville and then being set-up with a false misconduct and
given over four months in disciplinary custody (solitary confinement). This
retaliation was intended to punish and stop Tillery from filing grievances
challenging medical neglect and mistreatment of himself and other prisoners,
including the well-known journalist and former death row prisoner Mumia AbuJamal. This retaliation was punishment for Tillery continuing to publicly advocate
for Mumia Abu-Jamal, and to publicly expose the DOCs neglect and mistreatment
of prisoners medical problems as well as the DOCs retaliation against Tillery;
and continuing to file grievances objecting to these retaliatory actions by prison
officials.
23.
Throughout his over thirty years in prison serving a sentence of life without
parole, Tillery has challenged his conviction and sentence, and unconstitutional
restrictions on access to courts, prison conditions including security classification
and placement procedures, medical treatment, and housing conditions on behalf of
himself and other prisoners. He was held in solitary confinement in super-max
institutions in the federal and Pennsylvania prison systems for over twenty of
those years.
24.
Until the set-up misconducts that Tillery was accused of on April 30, 2015,
he had never had a misconduct for possession or use of a controlled substance nor
even tested positive for dirty urine in his over thirty years of imprisonment.
STATEMENT OF FACTS
Background:
25.
Tillery was the lead plaintiff in Tillery v. Owens, a class action lawsuit filed
26.
District Court order to end double-celling. The Third Circuit Court of Appeals
ruled that double-celling inmates in an overcrowded, dilapidated and unsanitary
state prison violates the Eighth Amendment prohibition on cruel and unusual
punishment. Tillery v. Owens, 907 F.2d 418 (3rd Cir. 1990)
27.
Tillery remains renown (or notorious) in the eyes of the DOC as the
prisoner responsible for Tillery v Owens. His prison records identify him as a
former leader in the Philadelphia Black Mafia and as one who has leadership and
influence in the prison population. (Exhibit A)
28.
October 1989, Tillery was shipped out of Pennsylvania and transferred into the
federal system, into maximum security and solitary confinement at Leavenworth
and then the super-max isolation prison at Marion, Ill. His prison jacket falsely
stated that Tillery was a participant in the Camp Hill riot and that he had gang
involvement. (Exhibit B)
29.
This was DOC retaliation for Tillery v Owens since Tillery was not
30.
prisons, including two stints in the Camp Hill Special Management Unit (SMU)
and then transferred to New Jersey where he spent five years in the New Jersey
State Management Control Unit (MCU) in Trenton. (Exhibit D)
31.
the NJ MCU. The investigation into his security status and misconduct record
exposed multiple false reports in his PA prison jacket. (Exhibit E) Tillerys good
conduct in the N.J. MCU earned him a rare transfer out of a highly restrictive
control unit.
32.
Pennsylvania because of Tillery v Hayman, without his legal papers and other
property.
33.
Fifty-nine years old and after five continuous years in solitary confinement,
Tillery had high blood pressure, episodes of labored breathing and chest pains,
removal of his gall bladder, a failing liver that required implantation of an
intrahepatic stent, poor circulation, degenerative arthritis in his leg, back pain and
untreated Hep C. For medical reasons he had been provided with an additional
mattress, orthopedic shoes, and back brace as well as medications.
35.
to clear a blockage in Tillerys liver stent sent him to the hospital, and then to the
SCI Dallas infirmary. Prison guards told his family he was near death.
36.
As a result, Plaintiff was placed in the SCI Forest RLL step-down program
on April 24, 2013 in preparation for a return into general population. This included
regular psychological treatment, to help with the effects of longtime placement in
solitary confinement. (Exhibit G)
40.
from a Restricted Release List (RLL) Step Down program at SCI Forest. This
required approval of Secretary of Corrections John Wetzel. Plaintiff hadnt had a
10
misconduct in eleven years. Tillery was transferred to SCI Mahanoy on April 30,
2014.
41.
2014, Tillery was released into General Population and housed in cellblock DB.
43.
Plaintiff was then a sixty-four year old man, a prisoner for thirty years, over
11
Tillery suffered from chronic cough and chest pains. He filed Gr. #524957
August 26, 2014 stating that his cell had inadequate ventilation units, with nonworking exhaust vents no windows. The lack of maintenance, proper air
circulation, bacteria fungus, mold in the showers and cigarette smoke creates a
high risk of illness for the prisoners, especially the elderly who are suffering from
chronic respiratory problems. Citing Tillery v Owens, 719 F. Supp. 1256 (W.D.
Pa. 1989). (Exhibit I)
46.
Defendant Major Michael Damore, supervising all the unit managers at SCI
Mahanoy, advised Tillery to stop filing grievances, telling him that he could be
given a prison job as peer specialist. Damore said that Tillery could get more
done that way than by filing grievances.
47.
Office class to become a Peer Specialist, a top certified prison job, with a top
prison pay scale. Tillery could not have been chosen for this job unless his conduct
during the Step Down program and while in Administrative Custody was
excellent. The paid training program took place over ten days, eight-hours a day.
48.
Mahanoy for this and began his job as peer specialist. (Exhibit J) Tillery was
paid $70 month for this job.
12
49.
In the latter part of December 2014, Tillery developed a skin rash covering
his lower extremities and purchased a hydrocortisone cream from the prison
commissary to treat it.
51.
The rash became worse and Plaintiff went to sick call and reported that he
and other prisoners had developed this rash and he believed it was caused by a
bacteria, possibly in the water. The prison guards drink bottled water. Tillery was
given another cream for treatment, triamcinolone, which is a steroid, also called
aristocort.
52.
On January 31, 2015, Plaintiff filed Grievance #549714 because the skin
rash covering his lower extremities was burning and painful and interfered with
his sleep. Tillery objected to the lack of diagnosis and improper treatment. Tillery
further complained that this rash is an epidemic on D block half of the inmates
are having problems with this rash. (Exhibit K)
53.
noticeably spreading severe skin rash, rapid weight loss and change in his manner
of walking and conversational responses. Tillery urged Mumia Abu-Jamal to seek
medical assistance.
13
54.
Superintendent John Kerestes and told him that Mumia Abu-Jamal looked as if he
was going to die and needed to be taken to the hospital. Superintendent Kerestes
told Tillery that he should mind his own business and just take care of himself.
Tillery answered that taking care of Mumia was like taking care of himself and
Mumia Abu-Jamal needed to go to the hospital.
55.
Plaintiff also complained to Kerestes that older prisoners had been given
misconducts for missing count because they slept through count. Tillery also
reported the spreading skin condition in his cellblock that went undiagnosed and
untreated. This advocacy was part of Plaintiffs job as a peer specialist.
56.
Later that day, February 18, 2015 Lt. Clark conducted an investigative
cell search of Tillerys cell. This went on for two hours, causing him to miss
dinner. Thirty pages of his legal papers were removed and his cell was left in
shambles. Tillery filed Grievance #554099 on February 20, 2015 citing
government interference, by confiscating legal documents. A few days later
[most of] those legal papers were returned. (Exhibit L)
57.
Two days later Damore berated MT for having talked with Kerestes telling
caused his skin condition, asking him for his proof. (emphasis added) On
information and belief antibiotics had been dispensed from the infirmary for
treatment of other inmates for skin rash. Tillery grieved Kellys hostile response
but she was upheld by Steinhart and Kerestes. (Exhibit M)
59.
On February 25, 2015 Clark searched Tillerys cell again and left it a mess.
of the prison, telling him that he was moved to give him a new start.
62.
Damore also removed Plaintiff from his job as a Peer Specialist job
without a hearing. This was penalization for exercise of his First Amendment
rights for advocating for himself and other prisoners. Removing Tillery from his
job also resulted in a significant loss of pay. Plaintiff filed Grievance #555752.
(Exhibit N)
63.
On March 10, 2015 Clark conducted another cell search (allegedly random)
that left Tillerys cell in shambles. Personal property was taken. Plaintiff filed
Grievance #556125, 3/12/15. (Exhibit O)
64.
Tillery filed a criminal complaint against Clark for theft of his personal
Clark threatened Tillery with cell searches whenever he was on duty after
3PM because Tillery had filed the state charges against him.
15
66.
Plaintiff clearly stated in his grievances that the DOC has the right to
conduct cell searches to search for contraband but complained but that these
searches were conducted to deprive him of legal materials and to harass him.
67.
Rachel Wolkenstein who was acting on behalf of Tillery, and prison officials and
DOC counsels office, the justification for the cell searches was that Tillery is
designated an escape risk pursuant to DC ADM 802.1.A.e.
68.
deliberate indifference to his continuing painful skin rash by Dr. Lisiak and
Holly. Grievance #556111 was denied on the grounds that it was frivolous.
(Exhibit P)
69.
On March 30, 2015 Mumia Abu-Jamal, the prisoner who Plaintiff had
spoken about to Kerestes, was rushed to the hospital in diabetic shock. Abu-Jamal
was released back to SCI Mahanoy on April 2.
70.
On April 3, 2015 attorney Rachel Wolkenstein had a legal visit with Tillery.
During that visit, Plaintiff informed attorney Wolkenstein that the cell searches,
change of cell assignment and loss of his job as peer specialist occurred after he
spoke up to Kerestes about Mumia Abu-Jamals illness and that he needed to be
taken to the hospital.
71.
At the conclusion of her visit with Tillery, attorney Wolkenstein and others
visited with Mumia Abu-Jamal, who was in a wheel chair, very thin and had a very
16
visible skin ailment. The skin on his arms and legs was darkened, thick and scaly,
his facial skin was flakey.
72.
It became publicly known that Tillery had advocated for Mumia Abu-Jamal
Mahanoy to SCI Frackville. This transfer was without any notice and Plaintiff was
not allowed to pack his own personal effects and legal papers, as is usually done.
75.
76.
On information and belief the prisoner who was swapped for Tillery was
totally surprised by his transfer and was told this was an emergency transfer
from Mahanoy.
78.
legal visit with Tillery at SCI Mahanoy on Thursday, April 9, 2015, via email to
Ms. Jane Hinman, assistant to SCI Mahanoy Superintendent John Kerestes.
79.
80.
DOC counsel and SCI Mahanoy Superintendent Kerestes providing evidence that
the alleged justification for periodic searches of Tillerys cell was a wrong
classification of MT as an escape risk (DC ADM 802.1.A.e) when his
classification had been previously corrected to DC ADM 802, Sec. 1.A.1.C. (See
SCI Forrest Superintendent Daniel Burns October 2, 2012 and Unit Manager
Brenda Haupt letters.) Sec. 1.A.1.C. does not provide the legal basis for periodic
cell searches. (Exhibit Q)
81.
to visit Tillery, she was informed that he was not at Mahanoy but at SCI
Frackville.
82.
On April 13, 2015 attorney Wolkenstein forwarded the April 8 letter to the
On April 24, 2015 attorney Wolkenstein had a legal visit with Major Tillery
at SCI Frackville, consulting with Tillery on the issues of the his retaliatory
transfer from SCI Mahanoy to SCI Frackville and legal challenges to his 1985
conviction.
18
84.
On April 27, 2015, Tillery filed a request to Tritt to review and correct the
information in his file and adjust his security classification, referring to attorney
Wolkensteins April 13, 2015 letter and attachments. Tritt refused to conduct this
review, saying that Frackville was a new slate and that Tillery would have to
wait until March 2016. (Exhibit S)
85.
On April 30, 2015 Plaintiff was charged with receiving a letter with
officer in the prison mailroom (a mailroom shared by SCI Mahanoy and SCI
Frackville) thought had a suspicious orange substance affixed to envelope and
underneath the postage stamp and sent the letter to the SCI Frackville security
office. Downs report states:
19
Plaintiff was immediately removed from general population and put into
There was no investigation. Security didnt even question Tillery about the
envelope or whom the letter was supposedly from. There was no independent
testing of the material alleged to be a controlled substance. There was no attempt
to show that Plaintiff had solicited or had any knowledge of suboxone being sent
to him.
90.
In his 32 years in prison Tillery had no misconduct for drugs or dirty urine.
91.
Mahanoy and SCI Frackville are removed from the envelopes in the mailroom
before delivering mail to prisoners, so it would be an act of gross stupidity to even
try such a thing.
92.
presented that Plaintiff had any knowledge of the attempt to send suboxone into
the prison. No information was presented as to who first examined the letter or the
details of the testing. The testing was not done by an independent laboratory.
93.
Tillery was found guilty by Luquis who said during the hearing that she
didnt need any proof and given sanctions of 90 days in the RHU on each
disciplinary charge, totaling 180 days, until October 26, 2015. (Exhibit V)
20
94.
95.
Committee (PRC) the same day, May 7, 2015, on the grounds that the punishment
is disproportionate to the offense and the evidence insufficient to support the
decision. Tillery denied any knowledge or involvement in this. (Exhibit X)
96.
21
97.
Member to Tritt challenging the lack of evidence and lack of legitimate testing of
the alleged controlled substance. He requested To be arrested for said crime by
the state police. I will waive all rights to take a lie detector test that that I had no
knowledge or requested anyone to send anything illegal to this prison or any other
prison. He also complained when I went to my hearing I was given the max and
its under appeal. The hearing examiner explained to me that her and her
coworkers (CO) dont need evidence. [They] just have to believe its something
there. Supt. Tritt answered: the testing was quite clear and valid. (Exhibit Y)
98.
On May 14, 2105, the PRC upheld the Hearing Examiners Verdict, which
stated:
Considering the type of substance and the fact that the substance was
concealed in a manner that visual inspection alone would not have detected
its presence; it is apparent that you were aware of the delivery system of the
contraband and willing to facilitate its delivery into the facility. (emphasis
added)
(Exhibit Z)
99.
22
removed from all letters before delivery. So Ms. Tritt, any dummy
knows you have no shot getting anything behind a stamp.
101.
102.
And then he requested again, So would you please call the state police
and have me arrested so I can prove my innocence and restore my visits. Ill take a
lie detector test that I never asked, ordered, or requested any drugs be sent to
Frackville.
103.
Tillery was not given a change in underwear until May 20, 2015after
20 days in the RHU. His family had to insist that his medication for his liver
problem be given to him. He didnt receive his legal papers until May 20, 2015.
104.
shown on the envelope as indicated on the confiscation receipt. She spoke with the
man who lives at that address and he provided a declaration executed May 20,
2105 under penalty of perjury.
105.
Philadelphia, PA, which is allegedly the return address on the envelope that tested
positive for suboxone. Mr. Jamal unequivocally states: I mailed a letter to Major
Tillery at the end of April 2015 but I did not put any drug, narcotic or controlled
substance on the envelope or under the stamp. (Exhibit BB)
23
106.
Mr. Jamal further explained that for him to have done this was so against
his own interests as to be simply unbelievable. In April 2015 Mr. Jamal (ne Larry
Francis) was on parole and about to have drug charges dismissed against him. Mr.
Jamal stated he was aware of the potential consequences if he were to be charged
with a criminal offense related to the allegation of a controlled substance on the
envelope and under the stamp.
107.
Wetzel, DOC Legal Counsel Theron Perez, SCI Mahanoy Superintendent John
Kerestes and SCI Frackville Superintendent Brenda Tritt on May 27, 2015 by
attorney Wolkenstein. Her letter requested a full investigation by the DOC of
retaliatory conduct against Tillery, including the misconduct charges for
possession of a controlled substance. (Exhibit CC)
110.
24
111.
In her June 3, 2015 response, Tritt did not even acknowledge receipt of
the May 20, 2015 Abdul H. Jamal declaration, let alone that it totally exonerated
Plaintiff. Her response to Plaintiff was:
Mr. Tillery, You dont know me very well. I am fair and open-minded.
You are being treated no different than others in the same predicament. If
you want to be arrested you can contact the state police because that is
not our normal procedure.
(Exhibit DD)
112.
Investigations (OSI), Lt. Brian Taylor, interviewed Tillery at length. The OSI
investigates staff corruption and inmate abuse. This investigation was conducted
on the authority of Secretary Wetzel in response to the letter sent to Wetzel
objecting to the retaliatory transfer and false misconduct charges and DC time
given to Tillery for his defense of Mumia Abu-Jamal and other exercises of his
First Amendment rights.
113.
prison system. This included Plaintiffs medical complaints, including the lack of
care for his severe skin condition, lack of medical equipment and shoes. He also
reviewed the false separations and charges that are still kept in his files and are
used to incorrectly classify him.
114.
Lt. Taylor reviewed all Tillerys medical and security status grievances as
well as the those included in the letters sent by attorney Wolkenstein on April 8,
2015 detailing the errors in his security designation as an escape risk, and on
April 13, 2015 stating the retaliatory basis of MTs transfer to SCI Frackville
25
and Tillery responded that his grievances and attorney Wolkensteins letters
constituted his written statement. This was acknowledged by Lt. Taylor.
116.
Lt. Taylor told Plaintiff that Tritt and SCI Frackville prison officials have
no proof that he committed the misconducts, but that Tillery had no proof it was a
set up.
117.
On June 12, 2015 Tillery requested a legal call to his attorney. Tritt
responded that needed to be addressed to the PRC. The PRC denied the legal
phone call.
118.
Review of Misconduct No. B723372, per DC-ADM 801, sec 5, (C.6), signed by
DOC Deputy Chief Counsel Randall N. Sears, stating:
In your appeal you raise no specific issue(s) but instead repeat your
version of events to support your claim of innocence. This, of course, is the
same version the Hearing Examiner rejected in finding you guilty of the
misconduct.
An appeal is a review for error. It is not an opportunity to receive a new
hearing on the merits. In your case, the findings made by the Examiner
are amply supported by the evidence presented at your hearing. Whether
this Office might reach a different result given the same evidence is not the
issue. It is sufficient that he Examiners findings are supported by ample
evidence to prevent this Office from altering those findings on appeal.
(Exhibit EE)
26
119.
On July 23, 2015 a 90-day review was conducted by the PRC. Tillery
was denied a reduction to half-time in DC. His DC time was continued until
10/26/15. He was denied attorney phone calls. He was also denied his orthopedic
boots. His good housing report was noted. (Exhibit FF)
121.
appealed to her assertion of being fair minded. He repeated that the transfer to
SCI Frackville from SCI Mahanoy was retaliation. Tritt responded the next day,
stating, Dont blame us for mail received intended for you. (Exhibit GG)
122.
Until the retaliatory set up on April 30, 2015, Tillery didnt have a
misconduct in twelve years. In his 32 years in prison Tillery didnt have even one
misconduct for drugs or dirty urine.
27
124.
misuse of the mail are retaliatory. The immediately followed Tillerys continued
advocacy for Mumia Abu-Jamal and his own continued filing of grievances to
obtain medical treatment and to change a false security classification. The
misconducts now in Tillerys record threaten his continued housing in general
population. If a prisoner is believed to be introducing drugs into the institution, he
can be considered a danger to the security of the institution and be sued to place
the inmate in indefinite solitary confinement on the Restricted Release List.
125.
population with yard-time, commissary, TV, phone calls and contact visits, he is
actually housed in the RHU Annex. This is a restricted housing unit cellblock
that now has one tier of cells with general population prisoners. The tier above has
DC prisoners who are not allowed any privilegesno phone or contact visits, no
TV, no commissary. These men are distraught and loud.
126.
Plaintiff has been seen by a psychologist, Ms. Smith for his depression
denied his extra mattress, orthopedic shoes and back brace. He had orthopedic
shoes and a back brace for over ten years, in prisons in NJ as well as Pennsylvania.
28
His potassium supplement tablets were not refilled. On May 9, 2015 Plaintiff filed
Gr #566793. These grievances were denied by Stanishefsky and Newberry with
false statements and without legitimate medical reasons. (Exhibit JJ)
128.
On April 30, 2015 Tillery was put into disciplinary custody in the
restricted housing unit (RHU) on the false and retaliatory misconducts. He was
denied his medications; put on reduced food rations, mostly slop, denied
commissary and contact visits, and allowed very limited outdoor exercise time.
129.
In another act of harassment and retaliation, on May 22, 2015 the guard
put a dirty toilet brush in his food tray, to be used to clean his cell. Tillery filed
Grievance #567683 stating this is a violation of his health and safety. This was
denied by Newberry. (Exhibit KK)
130.
On May 28, 2015 Tillery filed grievance #569706 after Pandya refused to
help with his severe back pain and pain when walking, continuing to deny Tillery
his back brace and order another mattress. Pandya complained that Tillery was
not cooperating by creating unnecessary work and money by complaining with
grievances. This was denied by Stanishefsky and Newberry. (Exhibit LL)
131.
But on May 29, 2015, Tillery was given a medical work-up including
radiology of his spine, hips and feet. On June 10, 2015, the same day as the visit
by Lt. Taylor from central office Plaintiff got his back brace. This was two months
after this retaliatory transfer to SCI Frackville.
132.
filed Grievance #574084, Tillery repeated again and again the failure to treat his
29
painful skin rash for over nine months that had now developed open inflamed
sores on his legs, with pus running onto his sheets. He stated this was deliberate
indifference to Tillerys health and needed medical care. The prison refused to
prescribe an ointment that was helping because it cost too much. [betamethasone
dipropionate ointment]. (Exhibit MM)
133.
July 27, 2015 Grv. #574084 was denied by Stanishefsky. (Exhibit NN)
134.
On July 31, 2015 Tillery filed an appeal of the denial of Grv. #574084 to
Tritt, stating Stanishefski misstates his medical condition he has sores on his legs
and the rash has spread over 8 months. On August 6, 2015 Tritt denied this appeal,
unequivocally supporting Stanishefskis false report. (Exhibit PP)
136.
A surgical skin biopsy from Tillerys left shin was done and the results
dated August 20, 2015 reveals a rare fungal organism, that is otherwise not
30
diagnosed. (Exhibit QQ) This is not being treated by medical staff at SCI
Frackville.
137.
the number of medical requests made by Tillery and that denial of Grv #574084
was based on clinical diagnosis that is confirmed by a skin biopsy. However, there
is no reference that that skin biopsy referred to a rare fungal organism that was
not being treated. (Exhibit RR)
138.
Plaintiff still suffers from a skin rash that is so itchy he cant sleep and is
From April 30, 2015 through August 12, 2015 doing DC time, Tillery
or to speak with him via telephone by Tillerys daughter Kamilah Iddeen who has
MTs medical authorization was denied by Tritt who said Tillerys hospitalization
for this serious gastrointestinal problem was just a "routine admission."
142.
Ms. Iddeen made repeated calls to the nurse at SCI Frackville to obtain
medical updates. And when she was able to reach the nurse, the reports were
partial. On information and belief, while at the hospital Tillery had a catscan, was
31
on IV fluids and had a nasogastric tube going into his stomach to help suck
anything out of stomach and to keep the stomach empty so the bowels could rest.
The last report on a Friday morning was that surgery might be necessary.
143.
evening. He was taken to SCI Dallas and put in the hole. Officially, Tillery was
sent to SCI Dallas infirmary, but in fact he spent a night and a day without any
medical attention, in a drafty cell without adequate blankets.
144.
November 2, 2015. SCI Frackville gave Tillery a urine test for drugs when he
returned but was not given a post-hospitalization diet or any follow-up medical
treatment.
145.
over the next several days. But Tillery was not seen by any medical personnel until
November 4, 2015.
146.
without cost. His leg rash has been extremely itchy and often inflamed for over a
year. He has not been properly treated and been forced to pay for medications that
should be provided to him in retaliation of his First Amendment rights.
Interference with access to courts by obstructing attorney visitation and
consultation:
147.
assistance. Consultation with legal counsel was obstructed and delayed by Clark
who refused to immediately process Tillerys request to put attorney Wolkenstein
on his legal visitors list in violation of explicit DOC regulations.
148.
Tillerys access to phone calls and visits with counsel was interfered with
and obstructed after he was transferred from SCI Mahanoy to SCI Frackville in
April 2015 and then falsely charged with misconducts and put into Disciplinary
Custody in retaliation for his filing grievances and advocating on behalf of Mumia
Abu-Jamal.
149.
This interference and obstruction included: (1) denying attorney calls while
Plaintiff was in Disciplinary Custody, (2) denying a confidential legal visit on May
12, 2015 in the Adminstrative Custody visiting room, (3) restricting attorney visits
to one hour on May 22, 2015 and July 31, 2015 even though specific requests
were made by the attorney for visits of two hours and the attorney traveled from
NYC for the visit, and (4) being initially denied permission to bring even a pen
and pad into a legal visit on November 3, 2015 after Tillerys return to SCI
Frackville after emergency hospitalization.
150.
These acts of interference and attempted obstruction were carried out under
visitation on May 22, 2015 and July 31, 2015. This was denied August 8, 2015 by
Lt. Reichart.
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152.
According to the First and Sixth Amendment to the United States of America, it
is unconstitutional to hinder or deny a person access to the court. By limiting my
legal visit to one hour a week presents Government interference to my legal access
to court.
153.
On August 13, 2015 Facility Manager Response (B. Tritt) upheld the denial
of the grievance denial while confirming that DOC regulations give authority to
prison officials to grant legal visitation longer than one hour. (Exhibit SS)
154.
Tritt reversed the denial of allowing counsel to bring a pad and pen into
through the appeal process as set forth by DOC regulations. Additionally, Tillery is
in substantial compliance in that all issues existing prior to June 10, 2015 and are
raised in this complaint were discussed directly with a representative of the DOC
Office of Special Investigation, Lt. Taylor on June 10, 2015 and no remediable
action was taken by the DOC. The decision of Deputy Chief Counsel, Randall
Sears on June 25, 2015 rejected the Plaintiffs objections to the set-up retaliatory
disciplinary charges.
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CAUSES OF ACTION
As and for a First Cause of Action:
Retaliation for Exercise of First Amendment Rights to Freedom of Speech,
Association and Access to Courts Challenging Medical and Psychological
Treatment at SCI Mahanoy
156.
157.
35
160.
163.
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Damore, Clark and Downs precipitously transferred Tillery from SCI Mahanoy to
SCI Frackville without legitimate penological purpose, thereby causing Tillery to
suffer adverse action intended to deter Plaintiff from exercising his First
Amendment Rights.
As and for a Fourth Cause of Action:
Retaliation for Exercise of First Amendment Rights to Freedom of Speech,
Association and Access to Courts at SCI Frackville For Challenging his
Erroneous Security Status and Continuing to Publicly Advocate for Mumia
Abu-Jamal
165.
166.
168.
charges of possession of a controlled substance and misuse of the mail, and found
him guilty of the misconducts and gave him of six months in Disciplinary
Custody. Tillery was held in solitary confinement for 126 days without a change in
underwear for twenty days, denied commissary, phone calls, and contact visits and
attempted obstruction of his attorney visits, and deprived of medicines and
medical equipment to help and treat his chronic medical problems including high
blood pressure, liver disease, and arthritis as well as continuing severely itchy skin
rash thereby causing Tillery extreme physical and psychological pain and
suffering.
As and for a Fifth Cause of Action:
Retaliation for Exercise of First Amendment Rights to Freedom of Speech,
Association and Access to Courts To File Grievances at SCI Frackville
Objecting the Set-Up Misconducts and the 180 Day Penalty of DC Time by
Delaying and Denying Adequate Medical Care
169.
170.
treatment and medical equipment to Tillery for his chronic illnesses and painful
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skin condition that continues for a year, thereby causing him physical and
psychological pain and suffering.
As and for a Sixth Cause of Action:
Retaliation for Exercise of First Amendment Rights to Freedom of Speech,
Association and Access to Courts To File Grievances at SCI Frackville
Objecting to the Lack of Adequate Medical Care and Denying Him Medical
Equipment and Medication
172.
173.
175.
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176.
medical care for himself and other prisoners, including Mumia Abu-Jamal,
challenging his erroneous security designation, his retaliatory transfer to SCI
Frackville and the false misconducts and discipline of 180 days in DC, Defendants
have interfered with and attempted to obstruct attorney visitation in violation of
Plaintiffs constitutional rights and DOC regulations.
B.
4.
Population.
Cell searches, tossing of Tillerys personal property and seizing legal
5.
6.
7.
8.
papers.
Terminating Tillerys job as peer specialist.
Transferring Tillery from one cell block to another at SCI Mahanoy.
Transferring Tillery from SCI Mahanoy to SCI Frackville.
Charging Tillery with false misconduct charges and 180 days in DC.
Cease retaliation against plaintiff for the filing of grievances for medical
treatment, prison conditions and security status and advocacy for other
2.
3.
4.
5.
C.
D.
E.
F.
_______________________
MAJOR GEORGE TILLERY
AM 9786
SCI Frackville
1111 Altamont Blvd.
Frackville, PA 17931
Dated: January
, 2016
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