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A State Correctional Institution at Houtzdale inmate is seeking a protective order from the federal court, stating he is in fear for his life.
Thomas A. Howlett, 45, indicated in a petition that was filed Monday in the U.S. District Court in Johnstown that he has to keep incurring misconduct charges so that he can be placed in what he calls "the hole" for his own protection.
He maintained in his federal petition that it is "my right to be in protective custody if I don't feel safe in the general population at SCI Houtzdale."
Howlett stated that he has repeatedly requested prison officials place him in protective custody, but his requests have been refused.
He explained that he made requests for protection to prison officials on Aug. 15 and Sept. 1.
After he made his request in August, he was given a misconduct and then "put in the hole (a restricted housing unit)."
On Sept. 1, he presented his request to another prison official and the same thing occurred. His request was denied.
"They say I don't have a right to protective custody," Howlett stated in his petition.
In outlining why he is in fear for his life, Howlett stated that a third official has been telling other inmates that, "I told on them (having) drugs."
"So I fear for my life and ask for protective custody ...They (SCI Security Office) told me 'no,' that I don't have a right to be in protective custody if I don't feel safe in the general population. ... SCI Houtzdale will not help keep me safe."
Because he is in restrictive custody, Howlett stated he has been unable to work at his prison job, where he makes 42 cents an hour.
He is asking that he be paid wages for the time he has missed at his job and is seeking $50,000 "for the pain and for all this time in the hole, I should get more."
Howlett, an inmate from Philadelphia, is serving time in prison for aggravated assault.
He initially filed his complaint last week with the U.S. District Court in Eastern Pennsylvania, but District Judge Mark A. Kearney in Philadelphia referred the Howlett lawsuit to the Western District.
U.S. Magistrate Judge Keith A. Pesto has been assigned to review the complaint.
SCI in Houtzdale has not yet seen the Howlett petition and had no comment.
The press spokesperson for the Department of Corrections, Maria Bivens, stated the department does not comment on pending litigation.