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An inmate in the State Correctional Institution Houtzdale, who accused the State Department Corrections of failing to deliver books ordered for him by family members, must take his complaints to the Clearfield County Court of Common Pleas, according to an opinion issued Tuesday by the Commonwealth Court.
Antonio Luis Rosario, 25, who is serving a prison sentence of 20 to 40 years on child sexual abuse charges from Lehigh County, petitioned the Commonwealth Court to redress his grievances after the Department of Corrections refused to act on the issues he raised.
Rosario contended in his petition that he did not receive all of the books sent to him by his family and maintained that some of the books "arrived with posters missing."
Representing himself before the Commonwealth Court, Rosario argued that his free speech rights had been violated and charged that DOC had intentionally deprived him of his property.
He requested compensatory and punitive money damages.
The case was heard by a panel of three Commonwealth Court judges including President Judge Renee Cohn Jubelirer, and Judges Anne E. Covey and Lori A. Dumas.
Dumas authored the opinion in which the three judges transferred Rosario's petition to the Clearfield County Court of Common Pleas.
SCI Houtzdale is located in Clearfield County.
The Commonwealth Court panel ruled that while it generally has jurisdiction over cases involving state government and officers of the government, the state appeals court, in an exception to the general rule, does not have jurisdiction when petitioners are seeking money damages for perceived civil wrongs.
The jurisdictional "exception" also covers cases involving federal civil rights claims in which a petitioner is seeking money damages, the Dumas opinion stated.
In commenting on the issue, the judge cited a 2020 case, Mayo v. the Department of Corrections, in which a Commonwealth Court panel made a similar decision.
In that case, an inmate challenged DOC's screening of personal mail, which included educational items relating to the legal system.
The inmate contended the department interfered with his right to educate himself.
He sought return of his property and money damages.
The panel concluded that the Commonwealth Court lacked jurisdiction to hear the case.
"As in Mayo, (Rosario) seeks injunctive relief as well as money damages to compensate him for his alleged loss of property and to punish the department for its alleged transgressions," the Dumas' opinion stated.
The panel that reviewed the Rosario case also lacked jurisdiction to hear the case, the opinion concluded.
The Clearfield County Court should treat (the Rosario lawsuit) as it does any complaint filed in its jurisdiction.
The immediate issue in Clearfield County court will be a request by DOC to dismiss the lawsuit.