Inmate can’t sue judge who denied appeal hearing
Renchenski serving life term for 1982 murder
A federal appeals court has ruled that a former Clearfield County man serving life in prison for first degree murder cannot sue the judge who he claimed improperly denied him a hearing on issues he raised on appeal.
Charles Renchenski, now 63, was sentenced to life in prison without parole for the Aug. 17, 1982, murder of Rosemarie Foley.
Throughout the years, he has filed many appeals, but he claimed in a petition filed nearly a year ago that he has never had the opportunity to present his post conviction issues before a judge.
A state appeals court noted Renchenski’s case has traveled a “tortuous” path through both the state and federal appeals systems.
The 3rd Circuit Court of Appeals in Philadelphia on Friday upheld a ruling by federal District Judge Kim R. Gibson in Johnstown that rejected Renchenski’s petition in which he contended Clearfield County Judge Fredric Ammerman erred in dismissing his appeals.
The Clearfield judge ruled that Renchenski’s initial petition was untimely, thereby allegedly denying the inmate a hearing on the issues of his case.
Renchenski’s federal complaint against Ammerman initially was presented to Magistrate Judge Keith A. Pesto in Johnstown.
In it, Renchenski, acting as his own attorney, argued that Ammerman, after improperly dismissing his initial appeal as untimely, then dismissed an amended version of the appeal as an illegal second appeal.
After a review of Renchenski’s arguments, Pesto recommended dismissal of the inmate’s lawsuit against Ammerman.
He ruled that judges are immune from lawsuits for judicial actions they take when considering a case.
The magistrate judge emphasized that judges are not immune from nonjudicial actions or actions taken outside their jurisdiction.
Renchenski claimed Ammerman, in reviewing his appeals, performed improper “personal investigative acts” by researching details of Renchenski’s case and then commenting on them without the benefit of a hearing.
Pesto, in his recommendation, concluded that whatever acts Ammerman undertook, they were within his duties as a judge.
The recommendations of the magistrate judge were then adopted by Gibson.
Renchenski appealed to the 3rd Circuit and on Friday the appeals court judges, Cheryl Ann Krause, Arianna J. Freeman and Anthony Joseph Scirica, concluded, “the District Court did not err in dismissing Renchenski’s complaint based on Judge Ammerman’s immunity.”
The 3rd Circuit panel also agreed that granting Renchenski the opportunity to amend his complaint against the judge would be “futile.”
Renchenski was 21 years old in August 1982 when he met the 26-year-old victim while playing pool at a bar.
They then went to other area bars that night.
According to Rechenski’s story, as told to police, the couple stopped in a wooded area of Brady Township, Clearfield County.
During an alleged tryst, things turned violent and Renchenski confessed he hit the victim with a log, but the coroner ruled that she died of “asphyxiation due to strangulation.”
In his appeal, Renchenski argued that he should have been tried by an out-of-county jury; that his confession was coerced; that the killing was not premeditated, and that his attorney failed to raise relevant defenses such as intoxication, or a killing in the heat of passion.
Renchenski still has one appeal remaining in the federal court in which he complains his rights to petition the government have been abridged.
He also is contending his Eighth Amendment right barring cruel and unusual punishment has been violated.
He maintains he is being illegally held in prison, and is seeking his release.
Renchenski is incarcerated in the State Correctional Institution in Coal Township.




