Holloway v. Lehman

671 A.2d 1179, 1996 Pa. Commw. LEXIS 56
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 16, 1996
StatusPublished
Cited by38 cases

This text of 671 A.2d 1179 (Holloway v. Lehman) 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
Holloway v. Lehman, 671 A.2d 1179, 1996 Pa. Commw. LEXIS 56 (Pa. Ct. App. 1996).

Opinion

COLINS, President Judge.

Before this court in our original jurisdiction 1 are preliminary objections filed by the Commissioner of Corrections;2 Sergeant John Cole, a sergeant at the State Correctional Institution (SCI) Dallas; Robert Fa-neck, a Business Manager at SCI-Dallas; Robert Hanks, a Business Manager at SCI-Huntingdon; and Jane Christopher, a Business Manager at SCI-Pittsburgh, (respondents) to an amended petition for review filed by the pro se petitioners, Deron Holloway, Warren Henderson, Lamont Harris, Shawn Stevens and Alfred Dill, (petitioners) seeking declaratory, mandamus and equitable relief.

Petitioners aver in their amended petition for review that they are incarcerated individuals all of whom have been subject to individual misconduct hearings conducted by prison officials in connection with the alleged destruction by them of prison property. In each instance the petitioner was determined in a misconduct hearing to have been responsible for the destruction of prison property. In each instance a misconduct decision was issued. Thereafter, without any further opportunity for a hearing, the monetary amount of the damage for which each petitioner was responsible was administratively calculated and the business office of the respective institution directed that money be deducted from the petitioner’s prison account to pay the damages.

It is critical to understand that the petitioners here do not seek review of the determinations that they committed the various misconducts, determinations for which an administrative remedy lies, see 37 Pa.Code § 93.9, and for which this court has previously held no appeal lies. Ricketts v. Central [1181]*1181Office Review Committee, 125 Pa.Cmwlth. 670, 557 A.2d 1180 (1989). What petitioners are challenging is the amount of money that is owed, a determination which, in their cases, was made after the initial decision as to whether each was guilty of the misconduct. Further, as petitioners’ brief, makes clear, the calculation in each instance here was made after the appeal period on the misconduct decision had passed. Put simply, under the system to which petitioners were subject, the misconduct hearing produces a finding of liability for which an administrative appeal lies. After that period passes, however, a decision on damages is made administratively, and in complete absence of any due process. Therefore, petitioners maintain that they have no adequate way in which they can challenge the amount of the damages imposed. They seek, among other things, declaratory and injunctive relief.

Respondents have filed preliminary objections raising lack of original jurisdiction in this court, failure to exhaust administrative remedies and failure to state a cause of action.

We first consider the jurisdictional issue. Respondents maintain that petitioners are seeking review of a governmental determination and, hence, that this matter is properly brought within our appellate rather than our original jurisdiction. We cannot agree. As we previously stated, petitioners are not seeking to have their determinations of misconduct overturned.3 They are seeking a declaration that the method by which the damages portion of the assessment is computed is illegal because they have no opportunity to challenge the amount of the assessment. Further they seek to enjoin permanently the procedures they challenge. This ease, therefore, as pled, is clearly within our original jurisdiction under Section 761(a)(1) of the Judicial Code since it is an action against a Commonwealth official, the Commissioner, to which none of the exceptions set forth in Section 761 of the Judicial Code applies. This preliminary objection is, therefore, overruled.4

Respondents next maintain that petitioners have failed to exhaust administrative remedies. The main purpose of the exhaustion doctrine is to ensure that claims will first be heard by the body having expertise in the area. St. Clair v. Pennsylvania Board of Probation and Parole, 89 Pa.Cmwlth. 561, 493 A.2d 146 (1985). It does not apply where the administrative remedy is inadequate. Id. We must conclude that in this instance that argument fails.

The administrative remedy which respondents rely on is found in DC-ADM 804. This procedure anticipates a complaint being filed by the inmate, an investigation by the grievance coordinator, and a written response being sent to the inmate. An appeal is allowed and review is based on the record established at the level where the grievance coordinator conducts the investigation. There is also a final review available which, again, is based on the record made at the first level. For the reasons that follow, we hold that this procedure is legally insufficient as applied to petitioners’ situations.

Petitioners allege that money has been taken from their personal inmate accounts. It is beyond dispute that money is property. Jones v. Clark, 607 F.Supp. 251 (E.D.Pa. 1984). Private property cannot be taken by the government without due process. T.L.C. Services, Inc. v. Kamin, 162 Pa.Cmwlth. 547, 639 A.2d 926 petition for allowance of appeal denied, 538 Pa. 679, 649 A.2d 679 (1994), cert. denied, — U.S. -, 115 S.Ct. 1314, 131 L.Ed.2d 195 (1995). What process is due, at a minimum, to one who has lost property via the action of a Pennsylvania state agency or a Commonwealth official is addressed in the Administrative Agency Law (Law).

[1182]*1182We begin with Section 101 of the Law, 2 Pa.C.S. § 101 which defines an “adjudication” as “any ... decision ... by an agency affecting personal or property rights ...” The decision made by the Commissioner5 through his subordinates to take money from an inmate’s account without the inmate’s consent is an adjudication under this definition. That being the case, the Law requires at a minimum that after reasonable notice, a hearing be conducted. 2 Pa.C.S. § 504. The inmate must be given an opportunity to be heard, all testimony must be recorded, and a full and complete record of the proceedings must be kept. Id. Reasonable examination and cross-examination must be allowed. 2 Pa.C.S. § 505. The adjudication must be in writing and contain findings of fact and reasons for the decision. 2 Pa.C.S. § 507. Obviously, the inmate grievance procedures relied on by respondents do not meet the minimum standards established by the Law. Therefore, we overrule the preliminary objection pertaining to the failure to exhaust administrative remedies.6 We hasten to add, however, by way of explanation, that because there is an adequate administrative remedy provided for in the Law, although it was not the one recognized or employed by respondents, respondents are obligated to furnish, in situations where an inmate’s money is being appropriated, a hearing which does comport with the Law. The adjudication produced by that hearing, would, of course, be subject to appeal in this court’s appellate jurisdiction. See 42 Pa.C.S. § 763. The failure to provide a proper hearing would render the adjudication invalid, Callahan v. Pennsylvania State Police, 494 Pa.

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Bluebook (online)
671 A.2d 1179, 1996 Pa. Commw. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holloway-v-lehman-pacommwct-1996.