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06/03/97 ROBERT L. KEITH v. DEPARTMENT CORRECTIONS

June 3, 1997

ROBERT L. KEITH, JR.; ALDO D. MIRARCHI; EDWARD A. MOFFETT; AND GLENN W. CLAUDFELTER, PETITIONERS
v.
DEPARTMENT OF CORRECTIONS, DEPARTMENT OF LABOR AND INDUSTRY AND PHICO SERVICES COMPANY, RESPONDENTS



Before: Honorable Bernard L. McGINLEY, Judge, Honorable Bonnie Brigance Leadbetter, Judge, Honorable Emil E. Narick, Senior Judge. Opinion BY Judge McGINLEY.

The opinion of the court was delivered by: Mcginley

ORIGINAL JURISDICTION

OPINION BY JUDGE McGINLEY

FILED: June 3, 1997

Before this Court are the preliminary objections of the Department of Corrections (DOC), the Department of Labor and Industry (DL&I) and Phico Services Company (Phico) (collectively, Respondents) to the petition for review in the nature of individual and class action complaints for declaratory judgment, injunctive relief and damages (complaint) filed by Robert L. Keith, Jr. (Keith), Aldo D. Mirarchi (Mirarchi), Edward A. Moffet (Moffet), and Glenn W. Claudfelter (Claudfelter) (collectively, Petitioners).

On December 16, 1996, in this Court's original jurisdiction *fn1, Petitioners filed a complaint alleging the following:

14. On or about October and November, 1989, certain inmates at SCI-Camp Hill committed certain acts, which acts (hereinafter collectively referred to as the "Camp Hill Riots") resulted in mental and/or physical injuries to certain employees of DOC, SCI-Camp Hill.

16. On or about August 14, 1995, certain inmates at SCI-Coal Township committed certain acts, which acts (hereinafter collectively referred to as the "Coal Township Riot") resulted in mental and/or physical injuries to certain employees of DOC, SCI-Coal Township.

17. During the Camp Hill Riots, Keith suffered mental and/or disabling physical injuries as a result of acts of inmates which included physical assault upon Keith and the unsuccessful attempt to murder Keith and others by setting fire to an institution building in which Keith and the others had been trapped by certain inmates.

18. During the Camp Hill Riots, Moffet suffered mental and/or injuries as a result of acts of inmates, which included the forced entrapment of Moffet and others within a kitchen/dining facility of SCI-Camp Hill and the active pursuit of Moffet while he was fleeing to the perimeter from said facility of said institution in the midst of one of said Riots in order to capture him and/or physically harm him.

19. During the Coal Township Riot, Mirarchi suffered mental and/or physical disabling injuries as a result of acts of inmates which included taking Mirarchi as a hostage in a cellblock during said Riot.

20. During the Coal Township Riot, Claudfelter suffered mental and/or physical disabling injuries as a result of acts of inmates which included the physical assault of Claudfelter.

21. On or about November 3, 1989, DOC determined that Keith had suffered said injuries as the result of the acts of inmates and such injuries were compensable

22. On or about October 25, 1989, DOC determined that Moffet had suffered disabling injuries as the result of acts of inmates and such injuries were compensable pursuant to Act 632 [Act of December 8, 1959, P.L. 1718, ...


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