Opinion

A.S. Twitty v. The Pa. Dep't of Corr.

Court
Commonwealth Court of Pennsylvania
Filed
Sep 25, 2025
Status
Unpublished
On the bench
Fizzano Cannon
Cited by
0 cases
Authority
More cited than 39.4%

The opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Anthony S. Twitty, :

Petitioner :

:

v. :

:

The Pa. Dep’t of Corr., : No. 532 M.D. 2022

Respondent : Submitted: August 8, 2025

BEFORE: HONORABLE ANNE E. COVEY, Judge

HONORABLE CHRISTINE FIZZANO CANNON, Judge

HONORABLE STACY WALLACE, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION

BY JUDGE FIZZANO CANNON FILED: September 25, 2025

Before the Court are the Preliminary Objections to the Amended

Petition for Review (Preliminary Objections) filed by the Pennsylvania Department

of Corrections (DOC) to the Amended Petition for Review (Amended PFR) filed

pro se by Anthony S. Twitty (Twitty) in this Court’s original jurisdiction. DOC

contends that Twitty has failed to demonstrate a clear right to relief. For the reasons

that follow, we sustain the Preliminary Objections and dismiss the Amended PFR

with prejudice.

I. Background and Procedural Posture

On October 31, 2022, Twitty filed his original petition for review in

which he alleged that, while he was incarcerated at State Correctional Institution

Houtzdale (SCI-Houtzdale), a waterpipe burst, flooding his cell and damaging or

destroying his personal property, including his footlocker and its contents.1 See

Petition for Review filed October 31, 2022 (Original PFR) at 1. The Original PFR

alleged that DOC violated Twitty’s constitutional rights to adequate due process

under the Fifth and Fourteenth Amendments of the United States Constitution,2 and

requested this Court to compel DOC to admit wrongdoing and stop violating

Twitty’s rights. See Original PFR at 1-2. The Original PFR also included seven

documents attached as exhibits as purported support for Twitty’s claims. See

Original PFR, Exhibits A-G.3

On January 11, 2023, DOC filed preliminary objections to the Original

PFR in the nature of demurrers, challenging the legal sufficiency of the Original PFR

on several grounds. See Preliminary Objections to the Petition for Review filed

January 11, 2023 (Original POs). First, the Original POs argued that the Original

PFR should be dismissed on due process grounds because a grievance process was

both available to and utilized by Twitty. See Original POs at 4-6. Next, the Original

POs argued that Twitty’s Takings Clause – Fifth Amendment argument should be

dismissed as inapplicable. See Original POs at 6-8. Third, the Original POs argued

1

The contents allegedly destroyed included Twitty’s legal documents, book, family

pictures, a gig bag, a surge protector, and a painting/canvas. See Petition for Review filed October

31, 2022 (Original PFR) at 1.

2

U.S. CONST. amends. V & XIV.

3

The documents attached to the Original PFR as exhibits included the following documents

related to Twitty’s use of the grievance process available at SCI-Houtzdale: Official Inmate

Grievance dated June 6, 2022 (Exhibit A); Initial Review Response dated July 1, 2022 (Exhibit

B); Inmate Appeal to Facility Manager dated July 17, 2022 (Exhibit C); Facility Manager’s Appeal

Response dated July 29, 2022 (Exhibit D); Inmate Appeal to Final Review dated August 12, 2022

(Exhibit E); Rejection Form dated June 9, 2022 (Exhibit F); Final Appeal Decision Dismissal dated

September 20, 2022 (Exhibit G).

2

that the Original PFR should be dismissed because DOC is not a “person” subject to

suit for constitutional violations under 42 U.S.C. § 1983. See Original POs at 8-9.

In a decision filed December 6, 2023, this Court determined that Twitty

had an opportunity to be heard by utilizing the DOC grievance process, and therefore

sustained DOC’s due process preliminary objection. See Twitty v. The Pa. Dep’t of

Corr. (Pa. Cmwlth., No. 532 M.D. 2022, filed December 6, 2023) (Twitty I), slip op.

at 3-5. The Court also sustained DOC’s Takings Clause preliminary objection after

determining that Twitty failed to plead facts explaining how the damage to Twitty’s

private property amounted to a violation of the Takings Clause. See id., slip op. at

5-6. Lastly, the Court sustained DOC’s preliminary objection that argued that DOC

is not a “person” subject to a Section 1983 claim. See id., slip op. at 6-7. The Court

ultimately dismissed the Original PFR without prejudice and granted Twitty 30 days

in which to file an amended petition for review. See id., slip op. at 7 & Order.

Twitty thereafter timely filed the Amended PFR.4 As in the Original

PFR, Twitty again alleges in the Amended PFR that on May 24, 2022, as a result of

faulty repair of a recurring problem, a waterpipe at SCI-Houtzdale burst, flooding

his cell and destroying his personal property. See Amended PFR at 1 (pagination

supplied).5 The Amended PFR also purportedly raises claims against three new

4

While the Amended PFR was received by the Court on January 9, 2024, the postmark on

the envelope indicates Twitty mailed the Amended PFR on January 5, 2024.

5

We observe that, generally, “[a]n amended complaint has the effect of eliminating the

prior complaint.” Hionis v. Concord Twp., 973 A.2d 1030, 1036 (Pa. Cmwlth. 2009) (citing Freeze

v. Donegal Mut. Ins. Co., 470 A.2d 958, 960 n. 5 (Pa. 1983)). Thus, once an amended complaint

is filed, the original complaint is no longer operative or effective. See id. We note that the

Amended PFR, the operative pleading herein, does not specify, as did the Original PFR, the

personal property allegedly damaged or destroyed by the burst waterpipe and instead merely states:

“Wherefore, [Twitty] request [sic] that this Honorable Court to [sic] grant the following relief: ‘the

replacement value or identical item, new or used, except [sic] the footlocker and gig bag.’”

3

respondents in addition to DOC: Ms. Richards, a unit manager within SCI-

Houtzdale; Major Barrows, Major of Unit Management; and Maintenance Officer 1,

an unknown maintenance officer (collectively, Additional Respondents). See id. On

February 6, 2024, DOC filed Respondent’s Motion to Stay the Time for Answering

Petitioner’s Amended Petition for Review (Motion to Stay), in which DOC

explained that Twitty had not yet properly served the Additional Respondents. See

Motion to Stay at 3. On February 8, the Court entered an order directing Twitty to

serve the Amended PFR on the Additional Respondents, or the Additional

Respondents would be dismissed from the action. See Commonwealth Court Order

dated February 8, 2024. Twitty did not serve the Additional Respondents, and on

March 20, 2024, this Court entered an order dismissing the Additional Respondents.

See Commonwealth Court Order dated March 20, 2024 (March 20 Order). Twitty

sought reconsideration of the March 20 Order, which request this Court denied by

order dated April 18, 2024. See “Petition for Remand to the Court’s Order Dated

March 20, 2024” filed March 27, 2024; Application to Amend Certificate of Service

filed April 3, 2024; Commonwealth Court Order dated April 18, 2024. The Court

thereafter directed DOC to file an answer or otherwise respond to the Amended PFR.

See Commonwealth Court Order dated June 20, 2024.

On July 16, 2024, DOC filed the Preliminary Objections, raising a

demurrer based on Twitty’s failure to state a negligence claim against DOC and re-

raising the objection that DOC is not a “person” subject to suit for constitutional

violations under 42 U.S.C. § 1983. See Preliminary Objections at 4-8. DOC asks

Amended PFR at 2. We further observe that the Amended PFR as filed does not include the seven

exhibits Twitty attached to the Original PFR. See id.

4

this Court to sustain the Preliminary Objections and dismiss the Amended PFR. See

Preliminary Objections at 9.

The Preliminary Objections are now before this Court for review.6

II. Discussion

Initially, we note that

[i]n ruling on preliminary objections, we must accept as

true all well-pleaded material allegations in the petition for

review, as well as all inferences reasonably deduced

therefrom. The Court need not accept as true conclusions

of law, unwarranted inferences from facts, argumentative

allegations, or expressions of opinion. In order to sustain

preliminary objections, it must appear with certainty that

the law will not permit recovery, and any doubt should be

resolved by a refusal to sustain them.

A preliminary objection in the nature of a demurrer admits

every well-pleaded fact in the [petition for review] and all

inferences reasonably deducible therefrom. It tests the

legal sufficiency of the challenged pleadings and will be

sustained only in cases where the pleader has clearly failed

to state a claim for which relief can be granted. When

ruling on a demurrer, a court must confine its analysis to

the [petition for review].

Torres v. Beard, 997 A.2d 1242, 1245 (Pa. Cmwlth. 2010).

6

After DOC filed its brief, Twitty requested an extension of time in which to file his brief,

which the Court granted. See filing entitled “Petitioner Seeks (30) Day Exstension [sic] to Mitigate

Circumstances Outside of Petitioner’s Control” filed October 21, 2024; Commonwealth Court

Order dated October 29, 2024. On February 25, 2025, the Court entered an order directing Twitty

to file and serve copies of his brief on or before March 11, 2025, or the Court would proceed

without Twitty’s brief. See Commonwealth Court Order dated February 25, 2025. To date, Twitty

has not filed a brief.

5

A. Demurrer as to Twitty’s Negligence Claim Against DOC

DOC first argues that this Court should dismiss the Amended PFR

because, while the Amended PFR claims that the Additional Respondents were

individually negligent, the allegations of the Amended PFR fail to state a claim of

negligence as to DOC individually. See DOC’s Br. at 12-14.

“To state a negligence claim, the plaintiff must demonstrate that the

defendant owed a duty of care to the plaintiff, the defendant breached that duty, the

breach resulted in injury to the plaintiff, and the plaintiff suffered an actual loss or

damage.” Young v. Wetzel, 260 A.3d 281, 289 (Pa. Cmwlth. 2021) (quoting Martin

v. Evans, 711 A.2d 458, 461 (Pa. 1998)) (internal quotation marks omitted).

DOC argues that Twitty’s broad claims of negligence are insufficient

to support claims for negligence against the Additional Respondents or DOC. See

DOC’s Br. at 12-14. DOC states that “[t]he crux of Twitty’s negligence claim lies

in his bald allegations that some unknown maintenance worker allowed alleged

inexperienced inmate laborers to repair a reoccurring problem.” Id. at 13. DOC

notes that Twitty levels no allegations of specific involvement or misconduct against

DOC in relation to waterpipe repairs, the burst waterpipe, or his damaged property.

See id. DOC argues that the Amended PFR fails to plead facts regarding any specific

duty owed by DOC or any failure to conform to such a duty. See id. DOC also

argues that the Amended PFR fails to include any specific allegations of misconduct

on DOC’s part. See id. DOC further argues that the Amended PFR fails to connect

the performance of an unknown maintenance worker, or the performance of

unknown laborers under the direction of the unknown maintenance worker, to

negligence on DOC’s part. See id. DOC argues that the Amended PFR fails to

explain details about the allegedly reoccurring problem, how Twitty knew of the

6

experience level of any inmate laborer purportedly assigned to repair such problem,

and/or how the unknown maintenance worker would have known of the alleged

inexperience of the inmate laborers under his/her control. See id. at 13-14. The

Amended PFR also fails, DOC alleges, to establish the role of DOC in the unknown

maintenance worker’s use of inmate laborers to perform the allegedly inadequate

repairs of the unspecified recurring problem. See id. at 14.

Even a cursory review of the Amended PFR reveals that DOC is correct

in its assessment as to the paucity of the averments contained therein. The Amended

PFR fails to make any specific allegations as to either DOC’s duty of care in relation

to Twitty or how DOC allegedly breached any such duty. The Amended PFR

likewise makes no allegations regarding DOC’s part in the allegedly insufficient

repair efforts of the unidentified recurring problem or as to the unknown

maintenance worker generally or the unknown maintenance worker’s use of

allegedly inexperienced inmate laborers to repair the unspecified recurring problem

specifically. In short, the Amended PFR fails to demonstrate an alleged duty of

DOC or a breach of such duty and therefore fails to state a claim for negligence

against DOC. We accordingly sustain the Preliminary Objections in this regard.

B. DOC Not a Person for Section 1983 Purposes

Next, DOC objects to the Amended PFR on the basis that Twitty’s

constitutional claims are improperly directed toward DOC, which is not a “person”

subject to suit under Section 1983 of the Civil Rights Act of 1964 (Section 1983).

See DOC’s Br. at 14-15.

Section 1983 provides, in pertinent part:

7

Every person who, under color of any statute, ordinance,

regulation, custom, or usage, of any State or Territory or

the District of Columbia, subjects, or causes to be

subjected, any citizen of the United States or other person

within the jurisdiction thereof to the deprivation of any

rights, privileges, or immunities secured by the

Constitution and laws, shall be liable to the party injured

in an action at law, suit in equity, or other proper

proceeding for redress[.]

42 U.S.C. § 1983.

As this Court previously explained when addressing this particular

preliminary objection in Twitty I:

Under Section 1983, to state a prima facie claim, a

petitioner must allege a violation of a right secured by the

United States Constitution and the laws of the United

States and must show that the alleged deprivation was

committed by a “person” acting under color of a state law.

West v. Atkins, 487 U.S. 42, 48 (1988). A state or state

agency, however, is not a “person” under Section 1983.

Will v. Mich[.] Dep[’]t of State Police, 491 U.S. 58, 69-71

(1989). It is well settled that DOC is an administrative

agency of the Commonwealth and, consequently, is not a

“person” subject to suit under Section 1983. Watkins v.

Dep[’]t of Corr[.], 196 A.3d 272, 275 (Pa. Cmwlth. 2018);

Warren v. Dep[’]t of Corr[.], 616 A.2d 140, 142 (Pa.

Cmwlth. 1992); see Section 201 of the Administrative

Code of 1929, Act of April 9, 1929, P.L. 177, as amended,

71 P.S. § 61 (DOC is an “administrative department”).

Twitty I, slip op at 6-7. Thus, as in Twitty I, we sustain the Preliminary Objections

because Twitty cannot state a claim against DOC under Section 1983. Further,

because this is not a defect that can be corrected by further amendment, we dismiss

the Amended PFR with prejudice.

8

III. Conclusion

For the reasons above, we sustain the Preliminary Objections and

dismiss the Amended PFR with prejudice.

__________________________________

CHRISTINE FIZZANO CANNON, Judge

9

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Anthony S. Twitty, :

Petitioner :

:

v. :

:

The Pa. Dep’t of Corr., : No. 532 M.D. 2022

Respondent :

ORDER

AND NOW, this 25th day of September, 2025, the Preliminary

Objections to the Amended Petition for Review filed by the Pennsylvania

Department of Corrections to the Amended Petition for Review (Amended PFR)

filed by Anthony S. Twitty are SUSTAINED. The Amended PFR is DISMISSED

with prejudice.

__________________________________

CHRISTINE FIZZANO CANNON, Judge

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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