Opinion

T.A. White v. PA DOC

Court
Commonwealth Court of Pennsylvania
Filed
Mar 6, 2025
Status
Unpublished
On the bench
Leadbetter. Dumas
Cited by
0 cases
Authority
More cited than 34.3%

listing requisites for issuance of a preliminary injunction

How later courts described this case

  • listing requisites for issuance of a preliminary injunction
  • holding that plaintiff, who alleged that prison officials repeatedly ignored her physician’s recommendations, stated sufficient facts to establish an Eighth Amendment violation

Written by the judges who cited it.

The opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Travis A. White, :

Petitioner :

:

v. : No. 508 M.D. 2023

: SUBMITTED: November 7, 2024

PA DOC, SCI Houtzdale Warden :

Scott Klinefelter, Medical Director, :

MAT Specialist, Dr. Naji, Dr. Bloom, :

and Dr. Knowles, :

Respondents :

BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge

HONORABLE LORI A. DUMAS, Judge

HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge

OPINION NOT REPORTED

MEMORANDUM OPINION BY

SENIOR JUDGE LEADBETTER FILED: March 6, 2025

Petitioner Travis A. White, pro se, is an inmate at the State Correctional

Institution – Houtzdale (SCI-Houtzdale) who has filed a petition for review under

the Americans with Disabilities Act1 (ADA) and the Eighth and Fourteenth

Amendments to the United States Constitution2 by way of Section 1983 of the United

1

42 U.S.C. §§ 12101-12213.

2

U.S. CONST. amends. VIII, XIV.

States Code, 42 U.S.C. § 1983.3 Petitioner seeks injunctive relief4 against

Respondent “PA DOC” (the Pennsylvania Department of Corrections) “so [the

Department] will give [him] [Medically Assisted Treatment (MAT) program]

medication that [his] body can tolerate”—specifically one not containing naltrexone,

such as Suboxone, Subutex, or methadone—for his opiate use disorder.5 Pet. for

Review, “P.F.R.” ¶ 20.

Now before us are the preliminary objections of Respondents

Department and personnel of SCI-Houtzdale, Warden Scott Klinefelter

(Superintendent Klinefelter6), and the person identified as “MAT Specialist”

(collectively, Department Respondents), and Dr. Naji, the Medical Director at SCI-

Houtzdale7 to the petition for review.

3

See Pet. for Review “P.F.R.” ¶ 2. Petitioner’s petition for review does not allege discrete

causes of action in separate counts, as required by Pennsylvania Rule of Civil Procedure 1020(a),

Pa.R.Civ.P. 1020(a). However, Respondents have not preliminarily objected to any failure to

conform to rule of court.

4

Petitioner does not, per se, ask for a permanent injunction in his petition for review but

asserts that he seeks both a preliminary and permanent injunction elsewhere, see Petitioner’s

Response to Department Respondents’ Preliminary Objections ¶ 18. This issue is discussed

further, infra.

5

In addition to the medications requested by Petitioner, MAT includes administration of

medications containing naltrexone. See Rokita v. Pa. Dep’t of Corr., 273 A.3d 1260, 1263 (Pa.

Cmwlth. 2022) (en banc) [petitioner seeking Vivitrol (naltrexone) through MAT program].

6

Department Respondents’ brief refers to Klinefelter as superintendent rather than warden.

7

The petition for review in this matter names “Medical Director” and Dr. Naji as Respondents.

Dr. Naji identifies himself as medical director for SCI-Houtzdale, as a contracted medical provider

for the Department employed by Wellpath, LLC, a private company. Dr. Naji’s Prelim. Objs. ¶

18.

(Footnote continued on next page…)

2

The facts alleged by Petitioner may be summarized as follows.8

Petitioner is an inmate at SCI-Houtzdale who wishes to be given MAT medications

for opiate use disorder, from which he suffers. P.F.R. ¶¶ 1-2, 7. Petitioner “run[s]

the risk of death due to cravings and tolerance being so low if relapse occurs”; his

addiction causes him depression; and he has attempted suicide. P.F.R. ¶ 3. The

opiate use disorder medications that have been offered to him—Vivitrol or Revia9—

contain naltrexone, which causes him “major depression” and suicidal thoughts.

In addition to the preliminary objections before us, the remaining captioned respondents were

dismissed on preliminary objections sustained for failure to properly serve the petition for review.

White v. Pa. Dep’t of Corr. (Pa. Cmwlth., No. 508 M.D. 2023, Order filed Aug. 14, 2024)

[dismissing Dr. Bloom and Joyce Knowles, CRNP (incorrectly identified in caption as Dr.

Knowles)].

8

We note that

[i]n ruling on preliminary objections, this Court accepts as true all

well-pled allegations of material fact, as well as all inferences

reasonably deducible from those facts. Key v. Pa. Dep’t of Corr.,

185 A.3d 421 (Pa. Cmwlth. 2018). However, this Court need not

accept unwarranted inferences, conclusions of law, argumentative

allegations, or expressions of opinion. Id. For preliminary

objections to be sustained, it must appear with certainty that the law

will permit no recovery. Id. Any doubt must be resolved in favor

of the non-moving party. Id.

Feliciano v. Pa. Dep’t of Corr., 250 A.3d 1269, 1274 (Pa. Cmwlth. 2021) (en banc)

[quoting Dantzler v. Wetzel, 218 A.3d 519, 522 n.3 (Pa. Cmwlth. 2019)].

9

In the course of his petition for review, Petitioner names several drugs used to treat opiate

use disorder. Petitioner avers that “many doctors will tell the Court that Suboxone, Subutex, and

methadone are the gold standard for treating opiate use disorder.” P.F.R. ¶ 20. The Court takes

judicial notice that Subutex and Suboxone are brand names for medications which each contain

buprenorphine hydrochloride and that Vivitrol and Revia, as Petitioner states, contain naltrexone.

See Drugs@FDA: FDA Approved Drugs,

https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm (last visited Mar. 5, 2025).

3

P.F.R. ¶ 4. Petitioner was in a methadone10 maintenance program within 60 days

before entering prison and provided records indicating that to the Department; and

Petitioner avers that this record would be sufficient for other inmates to get Subutex

or Sublocade.11 P.F.R. ¶ 5. Petitioner suffers from several physical ailments which

the Department has not treated, and MAT would help the pain from those conditions.

P.F.R. ¶ 7. Petitioner denies that he currently uses drugs, but sometimes relapses

because of lack of treatment and uncontrollable urges to use opiates, which MAT

would treat. P.F.R. ¶ 16. Petitioner avers that the medical professionals at SCI-

Houtzdale, including the MAT Specialist, Dr. Naji, and the now-dismissed named

respondents “agree that [he] need[s] MAT” (in the form he is seeking), but that it

was denied due to Department policy or policies which allow others to use the

medications, but prevent him from using a MAT medication other than Vivitrol or

Revia for his opiate use disorder. P.F.R. ¶¶ 6, 19. Those policies, Petitioner avers,

do not permit the Department to give methadone to male inmates or the Subutex or

Sublocade because he “came before 2019.” P.F.R. ¶ 6.

Petitioner exhausted his administrative remedies and filed the instant

petition for review in our original jurisdiction. Department Respondents have filed

preliminary objections, as has Dr. Naji. Petitioner has filed responses thereto. The

preliminary objections are now ripe for disposition.

The Department Respondents raise two issues on preliminary

objections: (1) whether the Court has jurisdiction over Superintendent Klinefelter

10

Petitioner avers that the Department does not give methadone to male inmates. P.F.R. ¶ 5.

11

Sublocade is another treatment for opiate use disorder that contains buprenorphine. See

Drugs@FDA: FDA Approved Drugs, https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm

(last visited Mar. 5, 2025).

4

and the MAT Specialist as non-statewide actors; and (2) whether Petitioner has

failed to state a claim against Department Respondents for which relief can be

granted (demurrer). Dr. Naji raises three issues on preliminary objections: (1)

whether the Court has jurisdiction over Dr. Naji as a non-statewide officer; (2)

whether a mandamus action is improper to compel a discretionary act of a treating

medical provider; and (3) whether Petitioner has failed to state a claim for injunctive

relief under the ADA or the Eighth Amendment. Additionally, Dr. Naji incorporates

by reference the arguments raised by Department Respondents.

Jurisdiction over Superintendent Klinefelter, the MAT Specialist, and Dr. Naji

Department Respondents—on behalf of Superintendent Klinefelter and

the MAT Specialist—and Dr. Naji argue that this Court lacks jurisdiction over

claims against them because they are non-statewide actors.

This Court’s original jurisdiction extends to only a narrow class of

cases. Jones v. Peterman, 743 A.2d 537 (Pa. Cmwlth. 1999). Section 761(a)(1) of

the Judicial Code provides that this Court shall have original jurisdiction in cases

asserted against “the Commonwealth government, including any officer thereof,

acting in his official capacity . . . .” 42 Pa.C.S. §761(a)(1). For purposes of

jurisdiction under 42 Pa.C.S. §761(a)(1), state employees are considered officers of

the Commonwealth only if they “perform state[]wide policymaking functions and .

. . are charged with the responsibility for independent initiation of administrative

policy regarding some sovereign function of state government.” Jones, 743 A.2d at

538 [quoting Mickens v. Jeffes, 453 A.2d 1092, 1093 (Pa. Cmwlth. 1983)].

Nevertheless, Petitioner has pled a claim against the Department, which

is an agency of the Commonwealth government. This Court has “ancillary

jurisdiction over any claim or other matter which is related to a claim or other matter

5

otherwise within its exclusive original jurisdiction.” 42 Pa.C.S. §761(c). Because

this Court has original jurisdiction over Petitioner’s claim against the Department,

we also have jurisdiction over his related claims against Superintendent Klinefelter

and the MAT Specialist. See Ortiz v. Wetzel (Pa. Cmwlth., No. 615 M.D. 2018, filed

June 6, 2019), slip op. at 4.12 The same reasoning would apply with respect to Dr.

Naji. See Bullock v. Pa. Dep’t of Corr. (Pa. Cmwlth., No. 375 M.D. 2016, filed Sept.

28, 2017), slip op. at 9 (where inmate sought review of the actions of Department as

an agency, this Court had ancillary jurisdiction over related claims against a private

party).

Legal Sufficiency of Petitioner’s Request for Preliminary Injunction

We next consider Department Respondents’ and Dr. Naji’s demurrer

challenging the legal sufficiency of Petitioner’s petition for review. They assert that

the injunction will not restore the parties to their status quo as it existed before the

alleged wrongful conduct,13 because while Petitioner has been in custody since

before 2019, P.F.R. ¶ 5, he has not been on MAT during this time and did not first

inquire about MAT until June 2023, see P.F.R. Exhibits. Thus, they argue that

mandating the Department to provide the specific MAT medications Petitioner

requests would not restore the parties to the status quo ante, but instead would place

12

Section 414 of this Court’s Internal Operating Procedures authorizes the citation of

unreported panel decisions issued after January 15, 2008, for their persuasive value, but not as

binding precedent. 210 Pa. Code §69.414.

13

A preliminary injunction should restore the status quo. Summit Towne Ctr., Inc. v. Shoe

Show of Rocky Mount, Inc., 828 A.2d 995, 1001 (Pa. 2003) (listing requisites for issuance of a

preliminary injunction). The status quo to be preserved is the “last actual, peaceable (and . . .

lawful) noncontested status which preceded the pending controversy.” Com. v. Coward, 414 A.2d

91, 99 (Pa. 1980) [quoting Pa. Pub. Util. Comm’n v. Israel, 52 A.2d 317, 321 (Pa. 1947)].

6

the parties in new positions relative to Petitioner’s medical care. They seek the

dismissal of the petition for review with prejudice.

While Petitioner asks only for a preliminary injunction by name in his

petition for review, it is clear that he is ultimately seeking permanent injunctive

relief:

20. I am asking this honorable [C]ourt to grant me my

preliminary injunction so the [Department] will give me a

MAT medication my body can tolerate . . . .

21. I believe that once my preliminary injunction is

granted[,] myself and the [Department] will not want to

prolong this case. I’d be willing to withdraw this once I

am receiving proper medical treatment for my opiate use

disorder.

P.F.R. ¶¶ 20-21 (emphasis supplied). Indeed, there would be no point in obtaining

a preliminary injunction if a permanent injunction were not sought as well—a

preliminary injunction maintains the status quo “until the merits of the controversy

can be fully heard and determined,” but it does not “decide the case as though on a

final hearing.” Weeks v. Dep’t of Hum. Servs., 255 A.3d 660, 666 (Pa. Cmwlth.

2021), aff'd, 302 A.3d 678 (Pa. 2023) [quoting Appeal of Little Britain Twp. from

Decision of Zoning Hearing Bd. of Little Britain Twp., Lancaster Cnty., Pa., 651

A.2d 606, 610-11 (Pa. Cmwlth. 1994)]. Finally, “[t]he allegations of a pro se

[petitioner] are held to a less stringent standard than that applied to pleadings filed

by attorneys. If a fair reading of the [petition for review] shows that the [petitioner]

has pleaded facts that may entitle him to relief, the preliminary objections will be

overruled.” Danysh v. Dep’t of Corr., 845 A.2d 260, 262-63 (Pa. Cmwlth. 2004).

A fair reading of the petition for review shows that Petitioner seeks permanent

7

injunctive relief.14 For these reasons, while we agree with Department Respondents

that Petitioner has failed to establish entitlement to a preliminary injunction,

dismissal of the petition for review would be inappropriate.

Legal Sufficiency of Petitioner’s ADA Claim

In addition to the fact that their remaining arguments in support of the

demurrer to the ADA claim, that there will be no immediate and irreparable harm to

Petitioner if a preliminary injunction is not granted and that he is unlikely to succeed

on the merits, relate only to a preliminary injunction, Department Respondents do

little to develop their arguments regarding his ADA claim. See Dep’t Resp’ts’ Br.

at 10-11. Department Respondents cite an unreported federal district court decision

denying a motion to dismiss a prisoner’s claim seeking methadone treatment under

the ADA15 and identify averments Petitioner has not made. However, Department

Respondents do not identify relevant legal standards and apply them to the facts

alleged (or failed to be alleged) by Petitioner. The argument portion of a brief must

be developed with pertinent discussion of the issues, including citations to relevant

authority. Rule 2119(a) of the Pennsylvania Rules of Appellate

Procedure, Pa.R.A.P. 2119(a). When a party fails to satisfy this requirement, the

Court is neither obliged, nor even particularly equipped, to develop an argument for

them. Skytop Meadow Cmty. Ass’n, Inc. v. Paige, 177 A.3d 377, 385 (Pa. Cmwlth.

2017).

14

Assuming arguendo that we were to sustain the Department Respondents’ preliminary

objections on the basis of legal insufficiency, we would do so without prejudice. It would seem to

serve the interests of judicial economy to proceed with the understanding that the petition for

review, while unartfully pled, does not request a remedy without a point.

15

Strickland v. Delaware Cnty. (E.D. Pa., Civil Action No. 21-4141, filed Apr. 19, 2022).

8

With respect to the ADA claim, Dr. Naji argues that Petitioner is

unlikely to prevail on the merits because there is no individual liability under Title

II of the ADA. Title II of the ADA (relating to public services) provides, in relevant

part, that “no qualified individual with a disability shall, by reason of such disability,

be excluded from participation in or be denied the benefits of the services, programs,

or activities of a public entity, or be subjected to discrimination by any such

entity.” 42 U.S.C. § 12132.

While the United States Supreme Court has not ruled on whether claims

may be made against private individuals under Title II of the ADA, the lower federal

courts have held that Title II does not provide for suits against state officials in their

individual capacity.16 See Garcia v. State Univ. of N.Y. Health Scis. Ctr., 280 F.3d

98, 107 (2d Cir. 2001); Alsbrook v. City of Maumelle, 184 F.3d 999, 1005 n.8 (8th

Cir. 1999) (en banc); see also Scott v. Pa. Dep’t of Corr. (M.D. Pa., No. 3:24-CV-

00335, May 1, 2024) (noting that although the United States Court of Appeals for

the Third Circuit had not ruled on individual liability under Title II, nearly all of the

Third Circuit’s decisions regarding personal liability under the majority of the

ADA’s other titles point toward the absence of individual liability).

Following the prevailing rule, we conclude that there is no individual

liability under Title II of the ADA and that Petitioner cannot prevail on the merits of

his ADA claim as it regards Dr. Naji.17

16

Among the federal courts, only the holdings of the United States Supreme Court interpreting

federal statutes are binding on this Court. However, on-point decisions of the lower federal courts

may well have persuasive effect. Cole v. Pa. Dep’t of Env’t Prot., 257 A.3d 805, 813 (Pa. Cmwlth.

2021).

17

Department Respondents have not raised this issue on behalf of Superintendent Klinefelter

and the MAT Specialist.

9

Legal Sufficiency of Petitioner’s Eighth Amendment Claim

Department Respondents and Dr. Naji also assert that Petitioner’s claim

under the Eighth and Fourteenth Amendments is legally insufficient.18 Department

Respondents’ brief leaves something to be desired in its argument regarding the

demurrer to the Eighth Amendment claim. Department Respondents’ argument

consists of one brief paragraph stating that Petitioner has “failed to allege facts that

his rights are being violated under the [Eighth] and [Fourteenth] Amendments, thus

he has failed to establish that he is likely to prevail on the merits of these claims.”

Dep’t Resp’ts’ Br. at 11. Dr. Naji argues that Petitioner has failed to state a claim

for deliberate indifference to a serious medical need under the Eighth Amendment

that would warrant exercising injunctive relief.

To state a cause of action against a correctional health care provider

under the Eighth Amendment, which prohibits the infliction of cruel and unusual

punishments, a petitioner must prove “deliberate indifference to a serious medical

need.” Estelle v. Gamble, 429 U.S. 97, 105 (1976). An inmate claiming deliberate

indifference must allege that: (1) the deprivation of medical care is objectively

sufficiently serious; and (2) subjectively, prison officials acted with a culpable state

of mind, being aware of, and disregarding, an excessive risk to the inmate’s health

18

We agree with Dr. Naji that Petitioner’s claim is properly considered as being under the

Eighth Amendment, rather than as a substantive due process claim under the Fourteenth

Amendment. If “a particular Amendment provides an explicit textual source of constitutional

protection against a particular sort of government behavior, that Amendment, not the more

generalized notion of substantive due process, must be the guide for analyzing these claims.” Cnty.

of Sacramento v. Lewis, 523 U.S. 833, 842 (1998). To the extent the Fourteenth Amendment has

relevance to this action, it is for the incorporation of the Eighth Amendment as being applicable to

the states. See Robinson v. California, 370 U.S. 660 (1962).

10

and safety. Kretchmar v. Dep’t of Corr., 831 A.2d 793, 798-99 (Pa. Cmwlth.

2003) [citing Farmer v. Brennan, 511 U.S. 825, 834, 837 (1994)].

In Rokita v. Pennsylvania Department of Corrections, 273 A.3d 1260

(Pa. Cmwlth. 2022) (en banc), another case brought under the ADA and the Eighth

Amendment by an inmate seeking to compel participation in MAT (specifically

seeking Vivitrol), we considered whether an inmate’s request for injunctive relief to

obtain MAT might survive preliminary objections in the nature of a demurrer. We

denied the Department’s preliminary objections, concluding that the alleged

“blanket policy” prohibiting MAT to inmates in the situation of Rokita, i.e., those

whose release on parole was not imminent, in favor of group therapy alone met both

the objective and subjective requirements for a finding of deliberate indifference.

Id. at 1269-70. We reasoned as follows:

Because this decision was made pursuant to a policy

prohibiting MAT despite Rokita’s express request, the

Department certainly “knows of” Rokita’s condition and

his request for medical treatment, but the Department

“intentionally refuses to provide it,” which may constitute

“deliberate indifference” under our precedent. Tindell [v.

Dep’t of Corr.], 87 A.3d [1029,] 1040 (Pa. Cmwlth. 2014).

Moreover, the response to Rokita’s request does not

indicate that the Department afforded any individualized

consideration of Rokita’s circumstance to determine

whether a departure from its policy may be

warranted. See Pesce [v. Coppinger], 355 F. Supp. 3d

[35,] 47 [(D. Mass. 2018)] (noting in the context

of “deliberate indifference” analysis that defendants had

“stood by the policy without any indication that they

would consider Pesce’s particular medical history and

prescribed treatment in considering whether departure

from such policy might be warranted”).

11

Id. at 1269. In Pesce, heavily relied upon by us in Rokita, the federal district court

for Massachusetts granted preliminary injunctive relief where the plaintiff, a

prisoner, was already prescribed methadone. The district court found that the

correctional institution’s blanket policy prohibiting the use of methadone in the face

of medical advice and a prescription from the plaintiff’s physician “ignore[s]

treatment prescriptions given to [the plaintiff] by [his] doctors,” meeting the

subjective requirement of the deliberate indifference test. Pesce, 355 F. Supp. 3d at

48 [quoting Alexander v. Weiner, 841 F. Supp. 2d 486, 493 (D. Mass. 2012)

(holding that plaintiff, who alleged that prison officials repeatedly ignored her

physician’s recommendations, stated sufficient facts to establish an Eighth

Amendment violation)].

Petitioner has averred, and we must accept at this early stage of the

litigation, that prison medical staff “agree that [Petitioner] need[s] MAT,” P.F.R. ¶

19; that he suffers side effects from the MAT medications he has been offered,

including suicidal tendencies; and that there are policies at the Department that allow

certain inmates access to the MAT medications he seeks but not himself.19 For

purposes of preliminary objections, this suffices to meet both the objective and

subjective prongs of the deliberate indifference test under the Eighth Amendment.

Mandamus

Finally, Dr. Naji argues that mandamus is not available to compel a

discretionary act, such as the choice of appropriate medical treatment. This is clearly

correct, and to the extent the petition for review may be construed as a claim

sounding in mandamus, it would be dismissed. However, Petitioner does not state

19

Petitioner avers the Department does not give methadone to male inmates and does not give

Subutex or Sublocade to him because he “came before 2019.” P.F.R. ¶ 5.

12

that he is seeking mandamus relief—rather, he is seeking injunctive relief, which is

potentially available to him under either Section 1983 or Article II of the ADA,20 or

both.

Conclusion

Consistent with the foregoing, Department Respondents’ preliminary

objections are overruled, except to the extent he seeks preliminary injunctive relief,

and Dr. Naji’s preliminary objections are overruled, in part, and sustained, in part.

_____________________________________

BONNIE BRIGANCE LEADBETTER,

President Judge Emerita

20

Section 1983 provides that “[e]very person who, under color of statute, . . . of any state . . .

subjects, or causes to be subjected, any citizen . . . to the deprivation of rights . . . secured by the

Constitution and laws . . . shall be liable to the party injured in an action at law, a suit in equity, or

other proper proceeding for redress.” 42 U.S.C. § 1983. Title II of the ADA provides as follows:

“In any action against a [s]tate for a violation of the requirements of this chapter, remedies

(including remedies both at law and in equity) are available for such a violation . . . .” 42 U.S.C.

§ 12202.

13

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Travis A. White, :

Petitioner :

:

v. : No. 508 M.D. 2023

:

PA DOC, SCI Houtzdale Warden :

Scott Klinefelter, Medical Director, :

MAT Specialist, Dr. Naji, Dr. Bloom, :

and Dr. Knowles, :

Respondents :

ORDER

AND NOW, this 6th day of March, 2025, it is ORDERED as follows:

The Preliminary Objections of Respondents Pennsylvania Department

of Corrections, Superintendent Scott Klinefelter, and the MAT Specialist

(collectively, Department Respondents) and Dr. Naji to the Petition for Review filed

by Petitioner Travis A. White in this matter are hereby OVERRULED, in part, and

SUSTAINED, in part, as follows:

1. Department Respondents’ preliminary objections are

OVERRULED in part and SUSTAINED in part. To the extent

Petitioner seeks a preliminary injunction, the objection is

SUSTAINED and such application is DENIED. The Department

Respondents’ preliminary objections are OVERRULED with

respect to the claim for a permanent injunction.

2. Dr. Naji’s preliminary objection to lack of jurisdiction is

OVERRULED;

3. Dr. Naji’s preliminary objection to mandamus being improper to

compel a discretionary act is OVERRULED; and

4. Dr. Naji’s preliminary objection in the nature of a demurrer to the

Petition for Review with respect to any claim against him as an

individual under the Americans with Disabilities Act, 42 U.S.C. §§

12101-12213, is SUSTAINED.

Department Respondents and Dr. Naji are directed to file an answer to the Petition

for Review within 30 days of this order.

_____________________________________

BONNIE BRIGANCE LEADBETTER,

President Judge Emerita

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Travis A. White, :

Petitioner :

:

v. : No. 508 M.D. 2023

: SUBMITTED: November 7, 2024

PA DOC, SCI Houtzdale Warden :

Scott Klinefelter, Medical Director, :

MAT Specialist, Dr. Naji, Dr. Bloom, :

and Dr. Knowles, :

Respondents :

BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge

HONORABLE LORI A. DUMAS, Judge

HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge

OPINION NOT REPORTED

DISSENTING OPINION BY

JUDGE DUMAS FILED: March 6, 2025

I respectfully dissent for two reasons. First, I would stay this matter

brought by Travis A. White (Petitioner) per the bankruptcy court’s most recent stay

order. Dr. Muhammad Naji’s employer, Wellpath LLC, filed for bankruptcy on

November 11, 2024, and Dr. Naji filed the initial stay order with this Court.

Suggestion of Bankruptcy & Notice of Automatic Stay (Pa. Cmwlth., No. 508 M.D.

2023, filed Nov. 19, 2024) (Initial Stay Order).

Subsequently, numerous federal courts construed the scope of the Initial

Stay Order differently,1 which prompted the bankruptcy court to issue a revised stay

1

Compare, e.g., Bowser v. Watson (E.D. Mich., No. 2:23-cv-10568, filed Nov. 20, 2024), 2024

WL 4989327; Lentz v. Mich. Dep’t of Corr. (E.D. Mich., No. 2:24-cv-10198, filed Nov. 22, 2024),

2024 WL 4874213, with, e.g., Jones v. Cnty. of Fresno (E.D. Cal., No. 1:23-cv-01636, filed Dec. 16,

2024), 2024 WL 5125809; McLemore v. Cnty. of Mahoning (N.D. Ohio, No. 4:23-cv-1144, filed

Dec. 30, 2024), 2024 WL 5247847; Henderson v. Correct Care Sols., Inc. (W.D. Pa., No. 2:23-cv-

1224, filed Dec. 10, 2024) (ECF No. 68); Talbert v. Biden (W.D. Pa., No. 1:23-cv-260, filed Nov.

22, 2024) (ECF No. 200); Major v. Halligan (W.D. Pa., No. 1:21-cv-60, filed Nov. 18, 2024) (ECF

order. Stipulated & Agreed Am. Order, In re: Wellpath Holdings, Inc. (S.D. Tx.

Bankr., No. 24-90533, filed Jan. 6, 2025) (Wellpath) (ECF No. 962). ECF No. 962

defines several capitalized terms, including “Lawsuits,” which the majority relied

on in its order discounting the Initial Stay Order. Id. at 1 nn. 2-3; Order, 1/3/25, ¶ 6.

Critically, in its most recent interim stay order, the bankruptcy court did

not use the defined, capitalized term “Lawsuits” in staying any “claims or causes of

action that have been or may be asserted against any . . . current or former employees

of the Debtor to the extent the Debtors are not named defendants in the underlying

lawsuit . . . .” ECF No. 962, ¶ 2. The bankruptcy court also stayed claims or causes

of action asserted against the Debtors’ current or former clients and customers,

including their current or former employees. Id. ¶¶ 3-4.2

No. 221); Hernandez-Santana v. Little (E.D. Pa., No. 24-6447, filed Dec. 30, 2024), 2024 WL

5250350.

2

ECF No. 962 follows:

2. Any claims or causes of action that have been or may be asserted against

any of the Professional Corporations[] or their current or former employees, or

current or former employees of the Debtor to the extent the Debtors are not named

defendants in the underlying lawsuit, are stayed pursuant to section 362, and to the

extent applicable section 105, of the Bankruptcy Code on an interim basis to and

including February 18, 2025, to provide the Debtors the opportunity, as requested

by the Statutory Unsecured Claimholders’ Committee (the “Committee”), to

confirm and substantiate the scope and extent of Debtors’ indemnification

obligations owed to these parties as well as any relevant insurance considerations.

3. Any claims or causes of action that have been or may be asserted against

any of the Debtors’ current clients or customers or their current or former

employees are stayed pursuant to section 362, and to the extent applicable section

105, of the Bankruptcy Code on an interim basis to and including February 18, 2025,

to provide Debtors, as requested by the Committee, the opportunity to confirm and

substantiate the scope and extent of Debtors’ indemnification obligations owed to

these parties.

4. Any claims or causes of action that have been or may be asserted against

any of the Debtors’ former clients or customers are stayed . . . pursuant to section

362, and to the extent applicable section 105, of the Bankruptcy Code on an interim

basis to and including February 18, 2025, solely to provide the Debtors the

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The reason for the across-the-board stay is simple: the debtors are self-

insured and finance the defense of lawsuits up to their insurance policies’ deductible

limits, at which point the insurers take over—to the extent such coverage was not

previously exhausted. Financing the defense of lawsuits will necessarily deplete

assets available to their creditors, notwithstanding the absence of any claim for

money damages. See, e.g., Debtors’ Omnibus Objs. to Mots. for Relief From

Automatic Stay ¶¶ 56, 60, Wellpath (ECF No. 827) (contending stay should continue

because the debtors are, inter alia, contractually obligated to (1) indemnify, defend,

and hold harmless Kentucky’s Department of Corrections and its employees

regarding Wellpath’s health care to inmates, and (2) finance the defense of

Wellpath’s employees up to its insurance deductible in Henderson, a Pennsylvania

federal case); ECF No. 913-1 (discussing the debtors’ insurance coverage).3

Second, with utmost respect, I disagree with the majority’s wholesale

recharacterization of Petitioner’s claim for a preliminary injunction as a claim for a

permanent injunction. I recognize that we must construe pro se pleadings liberally.

Commonwealth v. Blakeney, 108 A.3d 739, 766 (Pa. 2014) (per curiam).

opportunity, as requested by the Committee, to establish that indemnification

obligations exist such that allowing such claims or causes of action to go forward

would result in an administrative claim against the Debtors’ estate.

ECF No. 962 ¶¶ 2-4. On February 20, 2025, the court issued its final stay order, which continues

the stay pending final disposition of the bankruptcy or April 30, 2025. Order, 2/20/25, ¶¶ 2-3,

Wellpath (ECF No. 1480).

3

Accord, e.g., Debtors’ Omnibus Reply ¶¶ 13, 19, 39, Wellpath (ECF No. 897) (alleging that

because the debtors are self-insured, they finance the defense out of the bankruptcy estate; further,

the Pennsylvania federal Major suit “be stayed as to the Commonwealth of Pennsylvania

defendants” because “Wellpath has agreed to provide correctional health care services for the

Commonwealth of Pennsylvania” and has indemnified the municipality and its employees “for

claims related to medical care”); Debtors’ Emergency Mot. for Entry of Interim & Final Orders to

Enforce the Automatic Stay ¶ 5, Wellpath (ECF No. 17) (arguing “courts routinely extend the

Automatic Stay to non-debtor third-party co-defendants under this test where, as here, continued

litigation would,” e.g., “divert management’s and in-house counsel’s attention and resources”).

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Nevertheless, it is also well settled that courts “cannot be expected to become a

litigant’s counsel or find more in a written pro se submission than is fairly conveyed

in the pleading.”4 Id. (emphasis added). Although Blakeney did not address

injunctive relief, this Court has held that the “trial court erred in converting the

hearing on the preliminary injunction to a final hearing on the merits of the

permanent injunction . . . .” Big Bass Lake Cmty. Ass’n v. Warren, 950 A.2d 1137,

1149 (Pa. Cmwlth. 2008); Gun Owners of Am., Inc. v. City of Phila., 308 A.3d 401,

404 (Pa. Cmwlth. 2024) (en banc).

In my view, those cases stand for the clear proposition that this Court

should not remodel Petitioner’s request for preliminary injunctive relief as a claim

for a permanent injunction. Compare Pet. for Rev. ¶¶ 20-21 (explicitly requesting

“my preliminary injunction”), and Pet’r’s Br. at 12, 14 (discussing the elements for a

“preliminary injunction” and concluding that “I’ve shown and proven enough to the

court to have my preliminary injunction granted”), with White v. Pa. Dep’t of Corr.

(Pa. Cmwlth., No. 508 M.D. 2023, filed March 6, 2025), slip op. at 7 (opining that

“it is clear that he is ultimately seeking permanent injunctive relief”) & Order

(overruling the preliminary objections “with respect to the claim for a permanent

injunction”). Therefore, I would sustain the preliminary objections and dismiss his

petition for review without prejudice to reraise a claim for a permanent injunction if

that reflects his intent. I respectfully dissent.

LORI A. DUMAS, Judge

4

In Blakeney, the trial court denied the defendant’s pro se motion for expert witness fees at

the penalty phase of his trial. Blakeney, 108 A.3d at 766. Following his direct appeal, the defendant

collaterally attacked his conviction by asserting that his appellate counsel was ineffective by not

challenging the denial of expert fees for the guilt phase of his trial. Very simply, the Court declined

to liberally construe the defendant’s penalty phase motion as a guilt phase motion. Id.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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