Hill v. Department of Corrections

64 A.3d 1159, 2013 WL 1449830, 2013 Pa. Commw. LEXIS 103
CourtCommonwealth Court of Pennsylvania
DecidedApril 10, 2013
StatusPublished
Cited by35 cases

This text of 64 A.3d 1159 (Hill v. Department of Corrections) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. Department of Corrections, 64 A.3d 1159, 2013 WL 1449830, 2013 Pa. Commw. LEXIS 103 (Pa. Ct. App. 2013).

Opinion

OPINION

PER CURIAM.

In this Holloway1 assessment appeal, Dwayne Hill (Hill), a state prison inmate, and Donna Hill (Donna Hill), his wife, (collectively, Petitioners), petition for review of an order of the Secretary of the Department of Corrections (DOC) denying Hill’s appeal of an assessment against his inmate account (Assessment Order). Petitioners, representing themselves, essentially contend that DOC improperly assessed Hill’s inmate account because DOC did not have authority to draw on the account held by husband and wife without a court order, did not have jurisdiction to conduct an assessment hearing, denied them due process, and improperly relied upon unauthenticated hearsay evidence. Petitioners seek an order enjoining DOC from deducting funds from the account and directing DOC to refund any money it deducted.

[1163]*1163Also before the Court is DOC’s “Application For Summary Relief And/Or Motion To Quash Donna Hill As A Petitioner From This Matter For Lack Of Standing” (Motion to Quash). For the following reasons, we grant DOC’s Motion to Quash and affirm the Assessment Order.

I. Background

Hill is an inmate at SCI-Houtzdale. Hill set fire to his prison cell. DOC issued a misconduct report charging Hill with arson, destruction of property, refusal to obey an order, threatening an employee, and lying to an employee.

After a misconduct hearing, DOC found Hill guilty of all charges, sanctioned him to 180 days disciplinary custody, and directed the assessment of damages against his inmate account to reimburse the Commonwealth for property damaged in the fire, namely two sheets, one blanket and one mattress. The hearing examiner further directed the destruction of the damaged items.

From this decision, Hill petitioned for review to this Court. Hill v. Dep’t of Corr. (Dkt. No. 2263 C.D.2011) (Hill I). Therein, Hill argued he was denied a Holloway hearing to challenge the propriety of the assessment. In response, DOC filed a Suggestion of Mootness, informing this Court that DOC scheduled an assessment hearing. By order dated January 25, 2012, we dismissed Hill’s petition without prejudice to file a petition for review once he exhausted his administrative remedies. Id.

DOC then issued Hill a notice of assessment hearing to determine the amount of an assessment, if any, against his prison account for costs stemming from the misconduct. In February, 2012, a DOC hearing examiner held a Holloway hearing.

At the hearing, Margaret Baugman, DOC’s business manager at SCI-Houtz-dale (Manager), represented DOC. Hill represented himself. The hearing examiner entered into evidence the notice of hearing, the misconduct report, and the disciplinary hearing report. Manager offered into evidence an invoice from Pennsylvania Industries for the Blind and Handicapped (PIBH) indicating the price for a blanket is $12.78, and two invoices from the Pennsylvania Bureau of Correctional Industries (Correctional Industries) indicating the price for a flat sheet is $8.50, and the price for a mattress is $137.00. Manager also presented a memo stating the total amount of damages for the destroyed property is $166.78. The hearing examiner admitted the invoices and memo without objection. Manager testified the invoices are created by PIBH and Correctional Industries and reflect the prices for standard issue items.

Hill challenged Manager’s testimony and evidence on several grounds. Hill argued he was denied a reasonable examination of the evidence to ascertain the number and nature of the items and the extent of damage. Hill asserted DOC improperly charged him for the destruction of two blankets but only sanctioned him for the cost of only one and did not specify whether the blanket was cotton or wool. Hill also challenged the arbitrary nature of mattress prices and attempted to present evidence regarding costs imposed on other inmates. Hill objected to DOC’s authority to make deductions from his inmate account without a valid court order. Hill asserted bias on the part of the hearing examiner and questioned his authority to act as arbitrator.

The hearing examiner upheld the assessment. Hill filed exceptions to the hearing examiner’s report, which the Secretary of DOC denied. Petitioners peti[1164]*1164tioned for review.2 DOC filed the Motion to Quash to dismiss Donna Hill as a petitioner.

II. Standing

As a threshold matter, DOC contends Doma Hill lacks standing to appeal DOC’s Assessment Order. First and foremost, DOC asserts Donna Hill was not aggrieved by DOC’s determination. DOC maintains Donna Hill has no proprietary interest in Hill’s individual inmate account and, thus, no direct interest in DOC’s Assessment Order. Second, Donna Hill was not involved at the administrative level; therefore, she waived any arguments she now seeks to raise.

Petitioners respond that Donna Hill, as Hill’s wife, has a proprietary interest in the inmate account, and therefore, a direct interest in the adjudication. Petitioners claim the account is jointly held by them as tenants by the entirety. According to Petitioners, Donna Hill makes regular deposits into and receives funds from this account. DOC’s assessment of the account will have a detrimental financial impact on her. Petitioners further aver Donna Hill did not participate in the administrative proceedings because DOC failed to provide her with notice and an opportunity to be heard.

Pursuant to Section 702 of the Administrative Agency Law (Law), 2 Pa. C.S. § 702, any person “aggrieved” by a Commonwealth agency adjudication who has a “direct interest” in the adjudication shall have the right to appeal to a court vested with jurisdiction to hear such appeals. See also Pa.R.A.P. 501 (providing “any party aggrieved by an appealable order ... may appeal therefrom”). “A ‘direct’ interest requires a showing that the matter complained of caused harm to the • party’s interest.” S. Whitehall Twp. Police Serv. v. S. Whitehall Twp., 521 Pa. 82, 86-87, 555 A.2d 793, 795 (1989). Whether a party has standing to appeal is determined on a case-by-case basis and, if a person is determined aggrieved, she has standing. Robb v. Workers’ Comp. Appeal Bd. (Dep’t of Pub. Welfare), 718 A.2d 875 (Pa.Cmwlth.1998).

Pennsylvania inmates are afforded inmate personal accounts while incarcerated in state correctional facilities. See Section 3124 of the Prisons and Parole Code, 61 Pa.C.S. § 3124. The funds in an inmate account may be derived from various sources, including wages, gifts, and government benefits. Danysh v. Dep’t of Corr., 845 A.2d 260 (Pa.Cmwlth.2004), aff'd, 584 Pa. 122, 881 A.2d 1263 (2005); see Section 5904 of the Prisons and Parole Code, 61 Pa.C.S. § 5904 (DOC shall credit the inmate with wages for the time the inmate is actually engaged in work); Section 3124 of the Prisons and Parole Code, 61 Pa.C.S. § 3124 (same). “All sums credited to an inmate shall be for the benefit of the inmate and paid to the inmate on the inmate’s discharge.” Section 3125 of the Prisons and Parole Code, 61 Pa.C.S. § 3125.

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Bluebook (online)
64 A.3d 1159, 2013 WL 1449830, 2013 Pa. Commw. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-department-of-corrections-pacommwct-2013.