By Julian Heicklen

Alfonzo Salley CC­6796 poses a problem for the Department of Corrections (DOC). Mr. Salley claims that he is medically impaired, that he cannot walk without experiencing excruciating pain, and that he needs a wheel chair. The Medical Department claims that there is nothing wrong with Mr. Salley and refuses to give him a wheel chair, though he is housed in a handicapped cell.

A.Medical History

Mr. Salley claims that he cannot walk or stand, because his legs and feet are numb since April 7, 1998, when he was injured while handcuffed and in leg irons. He fell off a sheriff's van at Montgomery County Courthouse injuring his neck, back, and spine. Dr. Charles Reiner and Dr. John Doe had prison guards David Shugart and John Doe lift him up and drop him to the dirty concrete floor twice, aggravating his injuries. Dr. Charles Reiner refused to issue a wheel chair, walker, cane, or crutches. Lt. Hicks and Lt. Lear left him crying for 6 hours on a cold dirty cell floor.

On August 13, 1998, Montgomery County Sheriff Whiting was returning Mr. Salley to the custody of State Correctional Institution (SCI) Huntingdon officials. Guard Kurt Granlund rammed the front end of the wheel chair into a curb, throwing Mr. Salley into the air, causing him a busted mouth, bruised face, arms, knees, hands, back, neck-head, and shoulder pain. The guards had to use wire cutters to cut off the leg irons because of the impact.

Mr. Salley was transferred on October 21, 1998, from SCI Huntingdon to SCI Greene County. Dr. Stanley Falor confiscated his wheel chair on December 16, 1998. As a result, Mr. Salley does not take showers, get his daily 1-hour exercise, have access to the law library, or have the Program Review Committee reviews every 30­90 days like other men. Mr. Salley claims that there are false reports indicating that Salley has been getting physical therapy.

There is an affidavit from James Jones CK­8648 dated August 1, 1999. He says that there has been many a night when Salley has awaken hollering in pain. He has been denied medical care, because of the low priority given to Restricted Housing Unit (RHU) inmates. On numerous occasions, Mr. Jones has watched Salley try to explain his medical problems and lack of treatment to the correctional officers (CO). Mr. Salley receives no physical therapy and no movement outside of his cell 24 hours a day, seven days a week. He cannot, and the staff will not, clean his cell.

The medical staff at SCI Greene do not believe that Mr. Salley is as handicapped as he claims. There is a memorandum of March 31, 1999, from RHU Mangaer Kent Warman to Salley. It states that Salley has been in a dispute with Medical about the need for a wheel chair and walker. Medical states that these items are not necessary.

There is a memorandum from RHU Manager Kent Warman of April 15, 1999. It says that Salley had complained about the denial of the wheel chair and walker. He also complains of stomach pain every day that he has been in SCI Greene. Salley complained that his food is poisoned. Warman replies that Medical discontinued SalleyŐs use of a wheel chair and walker. No-one is trying to poison him. Medical says that Salley has not complained of a sore stomach. Mr. Warman suggests that Salley sign up for Medical about his gastrointestinal problems.

There is a response from Charles Rossi of August 3, 1999, to an Inmate Grievance from Mr. Salley. The therapy that was provided was ineffective and has been discontinued as of July 8, 1999. Dr. Falor has requested a neurology consult and exam.

There is Response of September 10, 1999, from Grievance coordinator G. Banks to Mr. Salley. The medical staff says that Salley is capable of walking.

There is a Response of September 24, 1999, from an illegible signature to an Inmate Grievance from Mr. Salley. It says your trip to the neurologist of August 31, 1999, was cancelled because you refused to comply with a strip search.

There is correspondence which indicates that Mr. Salley was in the psychiatric unit for evaluation for a short time after the June 7, 1999, incident.

Mr. Salley saw Dr. Lou Hoffman at Greene County Memorial Hospital in September and October 1999. I have been unable to get a copy of that medical report.

There is a response of October 13, 1999, from some illegible signature that Salley saw Dr. Hoffman, and that Salley may be experiencing some muscle weakness. "We are going to start an intense rehabilitation program to increase your strength and AVD range of motion. This will negate the need for a wheel chair and walker. You will be notified when this program will begin."

There is a letter of November 9, 1999, to Salley from Superintendent Conner Blaine which states that ÔNurse Supervisor Hyde states that an "intense rehabilitation progrm to increase your strength and AVD range of motion" is planned by Health Care staff and that your cooperation in the physical therapy is vital.Ő

B. June 1999

On June 3, 1999, Captain George Banks and Dr. Falor had the extraction team drag Mr. Salley out of his cell, stick a foreign object up his rectum, left him naked overnight with a bleeding rectum in a non-handicap cell which was freezing cold. He was denied five days of food trays. He has 10 witnesses who saw him physically abused by guards and Dr. Falor. The inmates went on a 4-day hunger strike until he got clothes and medical attention. Four days later on June 7, 1999, Dr. Falor and Lt. Dukes forced him into a medical isolation strip cell for 7 days. Prison staff denied him a visit from the Pennsylvania Prison Society on June 6, 1999. The DOC claims that Mr. Salley refused the visit.

On June 7, 2000, at about 1:00 PM, Major Hassett came to Mr. SalleyŐs cell IA-12 with Correctional Officer (CO) Jerome Brown, who threatened to kill Salley because he is a snitch on the guards. According to Mr. Salley, Major Hassett made Salley crawl across the cell floor when Salley informed him that his entire body is in pain. Major Hassett put him in uncomfortable positions, so that CO Brown could handcuff him. Then major Hassett came into SalleyŐs cell and threw out his soap and cup and food and other cell contents. Hassett told Salley that if he files another grievance on his officers, he will let them come into his cell and beat him for lying. He would have the officers take his legal material and his newspaper, if he files another grievance, according to Salley. Salley wrote to Superintendent Conner Blaine, but nothing was done.

CO J. Brown filed a Misconduct Report 62898 of June 3, 1999. It stated that at 12:20 PM on June 3, 1999, inmate Salley was ordered to cuff up for a cell security inspection. Inmate Salley stated "Fuck you. IŐm not cuffing up and not coming out of this cell. Come and get my ass." Block sergeant and control were notified.

CO D. Angelo filed a Misconduct Report 02803 of June 7, 1999. It stated that at 8:55 AM, on June 7, 1999, Inmate Salley CC6796 was given a direct order by CO Angelo to cuff up for cell security inspection. Inmate refused the order.

There is a sworn statement of August 11, 1999, from Darryl West CK­2080, an RHU inmate at SCI Greene. He witnessed Mr. Salley being denied medical rights and a wheel chair. He has heard Salley hollering with pain at night and through the day, asking for medical help. The guards would force Salley to walk to the front of the cell, where Salley cannot walk, because he is in pain. He has seen COs Brown, Conn, and Rhinier take meals from Salley, deny him the use of the stapler, deny him certificates of mailing, requests to staff, and inmate grievance forms, soap, and basic human needs that others receive. He witnessed Salley being deprived of adequate ventilation, sanitation, and hygiene materials. Mr. Salley has not been able to leave his cell for months, because staff will not provide a wheel chair. Mr. Salley has not had any sun light or fresh air for months. Mr. Salley is not allowed TV or radio or his own books. He is locked down for 24 hours per day. He has heard Salley complain to Sergeant Jones, Sergeant Wright, Lt. Dukes, Counselors Chlesteriri and Porter, and to Unit Manager Kent Warman and Deputy Superintendent Bennino about headaches, weight loss, rashes, hair loss, and stomach pain.

On June 3, 1999, Mr. West heard and witnessed Captain Banks telling Mr. Salley that the RHU guards were going to do a search, since Salley had not been out of his cell in months, even for yard or a shower. He must come to the front of the cell and cuff up behind his back like other inmates. Mr. Salley explained that he had a serious medical condition, and that if he cuffed up, he would lose his balance and fall over. Banks asked for medical documents, so Salley gave him some documents. Mr. Sally said that COs Crutchman and Hopwood had done a cell search on June 2, 1999, and that RHU COs searched his cell once a week for months. Salley has done nothing threatening, even verbally. When West said that guards had violated SalleyŐs rights for months, Lt. Heasley replied that Salley had pissed off higher ups for complaining about Medical. Soon thereafter, Lt. Heasley and Captain Banks led an extraction team into Mr. SalleyŐs cell. They dragged Salley out of the cell with a chain around his wrists and hands, when Salley never threatened anyone.

There is an affidavit of August 10, 1999, from George Butler AY­0818. On June 3, 1999, at 1:15 PM, he witnessed 6 members of the Correctional emergency Response Team (extraction unit) under the supervision of Lt. Heasley and under the observation of nurse Mr. Hat and Counselor William Porter half carry and half drag Salley and put him into IC-9 cell. They removed Mr. SalleyŐs clothes, which were only underclothes, and threw them out of the cell. Mr. Salley was not given any other clothes for 7 hours (approximately 8:45 PM). The new clothes and linen were just shoved into the cell. Mr. Salley could not reach them, because he cannot walk. He had to wait until the next day for another staff member to give him his clothes and linen.

Until June 7,1999, Sergeant Jones would not give Mr. Salley his breakfast or lunch. Salley was told to get up and get them. He told Salley that he can walk if he wants to. Several of those days SalleyŐs dinner was left on his hatch door, so he was unable to get them. On June 7, 1999, at 10 AM, 6 members of the CERT team under the supervision of Lt. Duke , Captain Young, and CO Kulick, and under the observation of Kent Warman and a female nurse, removed Salley from his cell and took him off the pod in handcuffs and chained to a wheel chair. Later he was returned to his original cell (which is a handicapped cell).

There is an affidavit of August 10, 1999, from Azim Ali AF­1264. He witnessed the two transfers of June 3 and 7, 1999, and that Salley was stripped naked. Mr. Salley was denied sheets and blankets to keep warm from the cold air blowing out from his vent. Mr. Salley was denied tissue papers, soap, ,tooth brush, and tooth paste. He also was denied food, drinks, and water. This went on for 3-5 days before they brought Mr. Salley a wheel chair to roll him to a hospital cell.

There is an affidavit of August 22, 1999, from Aubrey Green CN­6216. He has observed for months that Alfonzo Salley has tried to get medical care, but his efforts are for naught. Mr. Salley needs a wheel chair, but it is denied. Prison officials verbally curse him and make nasty remarks about his handicap. They always force him to come to his door for meal trays, even when he is crying with pain. Mr. Salley has awakened Aubrey Green at night with his crying and screaming like he is being tortured. He discusses the extraction of June 3, 1999.

There is an affidavit of August 11, 1999, from Horatio Nimley CY­9214. Nimley has observed from his first day on IA pod #7 cell that Mr. Salley is being physically mistreated and mentally abused and denied medical treatment. On many occasions over the months, Nimley has seen retaliation agianst Salley by Unit Manager Kent Warman, Sgt. Jones, Lt. Duke, CO Conn, CO Brown, CO Rainer, Sgt. Smith, and others because he complains about the lack of medical care and that his wheel chair is removed.

Often at night, Mr. Nimley has heard Salley yelling in pain and asking for medical assistance. The prison staff laugh at Salley. They call him cripple names and how they are only waiting for Dr. Falor to clean him so that they can come in and beat him.

Mr. Nimley has witnessed CO Brown and Raineri continuously harass Salley in front of Kent Warman, Lt. Duke, Sergeant Jones, and Sergeant Smith. The COs were never reprimanded. Mr. Nimley has heard Captain Muccino, the Security Officer, tell Salley that he (Muccino) has told Dr. Falor that Salley does not need a wheel chair. Muccino also told Salley that he would make SalleyŐs life as miserable as possible. RHU officers have allowed Salley to stay on his bed and have not handcuffed him during cell inspection. Then Nimley describes the extraction of June 3, 1999.

There are affidavits of June 27, 1999, from Anthony Hassan AY­6858 and of June 28, 1999, from Ernest Adkins AM­7409. confirming the incident of June 3, 1999, and the screaming at night.

C. August 1999

There is an affidavit from Arthur Commeger AY­8721 of November 28, 1999. On August 15, 1999, Mr. Salley was removed from his cell for two weeks. When he returned, he did not eat for a week, because he could not walk to get his food tray. He was removed from his cell on September 7, 1999, and did not return until October 9, 1999. On several occasions, Commeger witnessed staff trying to make Mr. Salley walk with a walker and refused to let him use a wheel chair (which is one minute away from his cell). He saw Salley fall on several occassions when they were trying to make him walk.

D. October 1999

On October 26, 1999, at about 6:30 AM, male nurses John High and Bruce Polka choked Mr. Salley around the neck, dragged him to the floor out of bed, kicked and stomped him, called him nigger, and threatened to kill him if he stays in Medical. They said that he would not get treatment in SCI Greene because of his lawsuit against Dr. Stanley Falor and Charles Rossi. They said that neurologist Dr. Lou Hoffman of Greene County Memorial Hospital can inform you of the physical therapy program that he prescribed. Mr. Salley has never received it. Mr. Salley saw Dr. Hoffman in September and October of 1999. Mr. Salley's pain has gotten worse and his feet and legs are still numb. Lt. Young, CO Yetter, CO Hughes, CO Albright and Nurse Joan saw and allowed both nurses to physically abuse Mr. salley. There was no video camera. Mr. SalleyŐs neck, back, and shoulder are still hurting, because of John High banging his head on the bed.

E. January-February 2000

Mr. Salley was a participant with inmates Chesson, Napper, Gibson, Harris, Raheem, and Nimley in the hunger strike commencing February 17, 2000. Mr. Salley has been filing Inmate Grievances with CO Schifko since January 14, 1999, when he and RHU CO Sergeant R. J. Wright and Nurse Brozik wrote him a Misconduct Report concerning his ulcer medication for a nervous stomach. Mr. Salley needed the medication for pain. The Misconduct Report was for refusing to return his medicine to Medical. COs Schifko, Coy, Lt. Trempus, Sgt. R. J. Wright, Gazdag, and Kosvalchuk used to handcuff him to a walker and force him to walk, when he told them he could not. Once when he was injured, they would leave him in his cell lying in his urine and feces. Nor would they give him his food, knowing that he could not get up and walk. He went for 4, 5, and 8 days on several occasions like this, before they had the extraction team move him to a strip cell.

On February 23, 2000, Mr. Salley refused to go with Caldwell and Shaffer for fear of his life. They returned him to his cell at about 10:40 am. His property was lying on the tier floor in a pile. When Mr. Salley had asked them who had given them authority to search his cell, Kosvalchuk and Shaffer picked him up and threw him down hard on the concrete floor. Mr. Salley fell over backward on his side while handcuffed with a belt. Shaffer and Kosvalchuk started pulling him and the belt and cuffs hurting his wrists with the cuffs. When Kosvalchuk uncuffed him, Shaffer stomped him in the center of his chest knocking him to the floor and knocking the wind out of him. When Mr. Salley tried to grab his foot and leg, he kicked him hard. Kosvalchuk hit him on the shoulder and neck and arm with his club, and Shaffer spit on him. COs Shaffer and Kosvalchuk were calling Mr. Salley nigger names and dragging him on the floor. The COs gave Mr. Salley two Misconduct Reports. Every week Mr. salley gets a Misconduct Report because he can't stand or walk for count. So far he has 27 such Misconduct Reports.

Demetrius Bailey CP­7819 sleeps in cell IA­13 directly upstairs across from Salley's cell IA­12. He sent an affidavit dated February 23, 2000. On that date, Bailey witnessed CO Shaffer, Kovalchuk, and Capain Caldwell enter Salley's cell, take him from his wheel chair, and throw him on his bed. A few seconds later, CO Shaffer kicked Salley in his chest and spit on him. Then CO Kovalchuk pulled his night stick and struck Salley repeatedly on his arms and lower body and then kicked him on leaving the cell.

G. March 2000

There is an Inmate Grievance to Superintendent Conner Blain dated March 4, 2000. RHU guards have not given Inmate Request forms or cash forms in two weeks. On March 1, 2000, Mr. Salley had his weight and vital signs checked. Sgt. Clark and CO Jerome Brown let him fall off the scale pulling a muscle in his right side and neck. He was weak from his 13-day hunger strike. On March 2, 2000, at about 8:00 AM, CO Jerome Brown and Lt. Esmond stated that Dr. Falor wanted Salley in medical isolation where his nurses (Joan High and Bruce Polka) assaulted him. Lt. Young and the guards did nothing to stop it. Lt. Esmond and CO Moschetta forced him to eat potatoes and sauce and bread to break his hunger strike.

Mr. Salley wrote to me on March 26, 2000. Prison guards have taken all of his cell property. A prisoner smuggled him the paper and pen with which he wrote the letter. Mr. Salley has been on another hunger strike since March 21, 2000. Captain Kingston and Lt. Martin took everything in his cell but the clothes on his back and a mattress on the floor. They had his water and toilet cut off since March 22, 2000. Officer Sior threw coffee on him in his cell at 6:30 AM on March 21, 2000, because Mr. Salley refused to accept a cup of coffee. On March 22, 2000, around 6:30 am, CO Moschetta told Mr. Salley that if he did not take a cup of coffee inside his cell, that Captain Lantz said that he won't get breakfast. Mr. Salley refused the coffee at breakfast or at lunch. He wrote Captain Lantz an Inmate Request informing him that ant holes are in the cell and that coffee and beverages leaking into the cell draw ants. He also informed Lantz that CO Sior threw coffee at him. On March 22, 2000, CO Foster threw a cup of beverage on him.

There is an affidavit from Joseph Oliver AY­7099 of March 3, 2000. On that date during evening meal, Oliver heard Mr. Salley (housed below Oliver to the left) say "CO Foster, I donŐt want no juice, because it draw all these ants. Look." However CO Foster insisted that Salley take the juice. Then Oliver heard the cup hit the floor and the food tray door slam real loud. Salley said "Why you do that, Foster?" Then Salley used his wall monitor to contact staff and say "CO Foster just threw juice all over the floor."

Several minutes later, in came Capt. Kingston, Lt. Martin, COs Foster, Morales, and others. Before Salley could explain what happened, he was ordered to lay on the floor. The officers entered SalleyŐs Cell. Mr. Salley said "You donŐt have to do that. I canŐt walk. You know I canŐt walk." The guards dragged Salley out of the pod and laid him face down on the concrete floor, while the guards, including Morales, threw SalleyŐs personal property out on the pod floor. Mrs. Edwin Morales picked up a large legal envelope and Mr. Salley said "ThatŐs my legal material and family photos." Mrs. Morales walked over to the trash can and just before she dropped the envelope in the trash, she said "ThatŐs what you get for throwing juice on CO Foster."

Captain Kingston and Lt. Martin retaliated by turning off SalleyŐs water and toilet for 3 days. If the entire pod had not banged on the cell doors, there is no telling when the water would have been turned on in SalleyŐs cell. Mr. Salley was in Strip (empty) cell from March 22­29, 2000. Mr. Oliver also has heard and seen Salley tell the block sergeants Smith and Clark numerous times about racial remarks made to him by CO Brown.

H. May­June 2000

There is an affidavit from Denovian Royster BU­5288 dated June 17, 2000. On June 3, 2000, at approximately 6:30 AM, Royster was housed next to Salley. Mr. Royster saw CO Brown not give Salley his breakfast tray. Since CO Brown did not open the food slot, no-one else could give him a tray.

On June 6, 2000, between 6:15 and 6:30 AM, Royster was awakened by a loud noise from someone kicking on a door. Nurse High was kicking SalleyŐs door. He was using derogatory words. Nurse High called Salley a black bastard and nigger about something concerning a grievance. On June 7, 2000, at 1:00 PM, Mr. Royster saw Major Hassett and CO Brown come on the block and go to SalleyŐs door. He heard them say "Crawl a little harder. Keep coming." They cuffed Salley. Then they threw the cell contents out on the floor. On June 17, 2000, at 6:30 AM, Mr. Royster witnessed CO Moschetta sit a cup of coffee on Mr. SalleyŐs door slot and slam the door. He heard Salley hollering that he was burnt. Coffee was coming under the door on the floor.

There is an affidavit from Dixon Miller of June 11, 2000. On May 22, 2000, and on June 1, 2000, Mr. Miller heard Captain Grainy make death threats to Mr. Salley. Mr. Miller heard and saw CO Brown and male nurses Bruce Polka and John High call Salley nigger names and make death threats. On June 11, 2000, Mr. Miller heard and saw CO Tokcheck call Salley nigger names and making death threats.

There is an affidavit from Nehmiah Thurston EC­5050 of June 1, 2000. On his very first day there, Mr. Thurston saw Mr. Salley refused medical attention and heard Salley receive death threats from CO Brown, who also made racial remarks and denied Salley his clothes ration. Mr. Thurston never saw Salley do anything to provoke the officers.