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RONALD ROBSON v. EDWARD BIESTER (09/03/80)

decided: September 3, 1980.

RONALD ROBSON, PETITIONER
v.
EDWARD BIESTER, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA ET AL., RESPONDENTS



Original jurisdiction in case of Ronald Robson v. Edward Biester, Attorney General of the State of Pennsylvania et al.

COUNSEL

Ronald Robson, petitioner, for himself.

J. Andrew Smyser, Deputy Attorney General, with him Edward G. Biester, Jr., Attorney General, for respondents.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt, DiSalle, Craig and MacPhail. Opinion by Judge Crumlish, Jr. President Judge Bowman and Judge DiSalle did not participate in the decision in this case.

Author: Crumlish

[ 53 Pa. Commw. Page 588]

Ronald Robson filed a petition for review*fn1 seeking to restrain state correctional authorities*fn2 from transferring him from Graterford State Prison to another

[ 53 Pa. Commw. Page 589]

    state correctional facility; to compel the expungement of his prison record by prison authorities of all misconduct charges relating to April 15, 1977; and to compel state correctional authorities to restore his "status as a good prisoner" making him eligible to participate in "pre-release" and "work-release" programs.*fn3

The Commonwealth has filed preliminary objections to set aside the petition, alleging failure to state a cause of action. The preliminary objections are sustained and the petition is dismissed.

On April 15, 1979, while an inmate at SCI-Graterford,*fn4 a prison guard accused Robson of fighting. After a hearing, he was adjudged by a hearing tribunal to have committed the misconduct and thereupon placed in the Restrictive Housing Unit.

The hearing tribunal also recommended that Robson be transferred to another state correctional institution to separate him from two other inmates. This was affirmed by the Program Review Committee.*fn5 There is some dispute as to whether these two inmates were involved in the April 15, 1977 altercation.

First, Robson challenges the power of state correctional authorities to transfer him to a different facility when that decision is based solely upon the authority's perception of need. He avers that prior to any transfer determination he must be afforded a due process hearing on the merits of the transfer and disclosure of the facts subsequently relied upon in the determination. Failure to comply with these ...


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