What follows is the section of my law suit called "Statement of Facts." It is the factual basis for my claims and relief. I've averred that the facts are true. Statement of Facts (Background) 5. Mr. Feigley is, at this writing, 66 years old. He suffers from very serious life-threatening medical conditions including heart disease and lung disease. Stress and/or agitation of any kind is detrimental to his health and may be fatal. 6. Prior to the incidents recorded herein, Mr. Feigley didn't know either Defendant, couldn't identify them, had had no conversations or interactions with them and had no reason to believe that either person had rational reason to bear him any animosity. (Initial Incident) 7. On or about Saturday, 22 April 2006, while Defendant Conti was employed perhaps as a relief, substitute or supplementary guard during so-called "block-out" recreation on C-Wing of C-Block in Frackville prison, where Mr. Feigley was then housed, [Michael J.] Conti came to Mr. Feigley's cell door while he was typing. 8. Without provocation of any kind, Conti directed various offensive epithets at Mr. Feigley including, "shit balls" and "piece of shit." 9. Returning a few minutes later, Conti said he was going "to help you get dead" meaning Mr. Feigley. 10. Standing at the cell door, Conti continued his harassment by making bizarre guttural growling noises and other sounds for which there was no legitimate purpose. 11. At the time of the incident, Mr. Feigley didn't even know Conti's name and had never before spoken to him. 12. The incident caused Mr. Feigley considerable stress, annoyance and agitation. He suffered heart pain and shortness of breath. 13. In the regular course of business Mr. Feigley made a contemporaneous record of the incident in his journal and promptly related the incident to his wife on the telephone. Telephone conversations are recorded. (Second Incident} 14 On or about Thursday, 10 August 2006, while Defendant Conti was employed perhaps as a relief, substitute or supplementary guard on C-Wing of C-Block in Frackville prison, where Mr. Feigley was then housed, Conti refused to let Mr. Feigley make a scheduled telephone call at 8 AM. 15. About 9 AM, after Mr. Feigley had made a belated phone call, Defendant Conti came to Mr. Feigley's cell door while Mr. Feigley was writing and harassed him by making bizarre noises, growls and offensive remarks for which there was no legitimate purpose. 16. Several times Conti bellowed loudly into the cell startling Mr. Feigley for no legitimate reason. 17. When Mr. Feigley reminded Conti that such startling and harassment impaired Mr. Feigley's health and life, Conti screamed, "well, die then!" 18. The weather at the time was stressfully hot and the incident caused Mr. Feigley stress, annojance and agitation. He suffered heart pain, shortness of breath and weakness. 19. In the regular course of business Mr. Feigley made a contemporaneous record of the incident in his journal and promptly related the incident to his wife on the telephone. Telephone conversations are recorded. 20. On or about Monday, 14 August 2006, Mr. Feigley spoke with Counselor Albert Idacavage. Mr. Feigley broached the harassment, but was reluctant to identify Defendant Conti. 21. Mr. Feigley assumed that Conti was harmless, had mental or other personality problems and Mr. Feigley didn't want to cause a greater problem if it could be avoided. (Searched) 22. On or about Tuesday, 29 August 2006, and again on or about Thursday, 28 December 2006 Defendant Conti in company with a second guard, McPeak or McPeek, ransacked Mr. Feigley's personal property. 23. In both instances, Conti maliciously, needlessly and in violation of Sections A and B,7 of the Department of Corrections Code of Conduct, mishandled, damaged and grossly disorganized Mr. Feigley's legal and personal papers and records and his personal property without any legitimate reason. 24. As cell/property searches are regulated to he carried out only semiannually, at least one, if not both of the searches was not authorized and was harassment per se. 25. Regular search team guards searched Mr. Feigley's personal property and cell on Friday 14 November 2006, during the same semiannual period. 26. Both incidents caused Mr. Feigley stress, annoyance, and agitation. He suffered heart pain, shortness of breath and weakness along with damage to some personal property. 27. In the regular course of business Mr. Feigley made contemporaneous records of the incidents in his journal and promptly related the incidents to his wife on the telephone. Telephone conversations are recorded. 28. On or about Wednesday, 10 August 2006, the day following the first of the harassment searches mentioned in Paragraph 22 above, Defendant Conti came to Mr. Feigley's cell in company with a dog which was ostensibly able to sniff out illegal drugs. 29. No contraband was found. 30. Defendant Conti took the opportunity to handle Mr. Feigley's person with his version of a "pat-down" search. 31. That search was the second feely-touchy "pat-down" search Conti subjected Mr. Feigley to that day. He had handled Mr. Feigley as he left the mess hall at breakfast time. (Subsequent Incidents) 32. On or about Sunday, 3 September 2006, Defendant Conti was standing at the front of C-Wing, C-Block as Mr. Feigley returned from breakfast. Conti had apparently come from the mess hall solely to harass Mr. Feigley. 33. Conti harassed/threatened Mr. Feigley saying he was "going to be down to get you" and other similar things. 34. The following day, Monday, 4 Septemher 2006, Labor Day, Defendant Conti who wasn't even working in the area, came to Mr. Feigley's cell door. 35. Conti made remarks about hot dogs which had been served as the holiday lunch. The remarks were sexually suggestive / offensive, suggesting homosexuality. 36. Mr. Feigley is not, and never has been, a homosexual. He's been married since Octoher 1966. Defendant Conti's anal / fecal obsession seemed related to this homosexual fixation / harassment. 37. Additional, lesser incidents occurred at the mess hall on 13, 28 and 30 September 2006, on 5 and 8 October 2006 and on 7, 25 and 26 November 2006. 38. Each of these incidents caused Mr. Feigley stress, annoyance, agitation, and apprehension. He suffered heart pain, shortness of breath and weakness. 39. In the regular course of business Mr. Feigley made contemporaneous records of the incident in his journal and promptly related the incidents to his wife on the telephone. Telephone conversations are recorded. (December 2006 Incident) 40. On or about Sunday, 17 December 2006, while Defendant Conti was employed perhaps as a relief, substitute or supplementary guard on B-Wing of C-Block in Frackville prison to which, by that time Mr. Feigley had been moved, Defendant Conti came to Mr. Feigley's cell door on at least three occasions. 41. On each occasion, he made offensive remarks, at one point calling Mr. Feigley, "shit turd." 42. Mr. Feigley found Defendant Conti's unnatural fixation on feces to be sexually offensive and apparently related to homosexual aggression. 43. On the afternoon of the same date, Conti refused to allow Mr. Feigley to make a scheduled telephone call. It had to be made after the shift change. 44. This incident caused Mr. Feigley stress, annoyance, agitation and apprehension. He suffered heart pain, shortness of breath and weakness. 45. In the regular course of business Mr. Feigley made a contemporaneous record of the incident in his journal and promptly related the incident to his wife on the telephone. Telephone conversations are recorded. 46. This incident occurred only 11 days before the abusive property search reported in Paragraph 22 above and Mr. Feigley's submission of the grievance about this harassment, Attachment Number 1. (Late-Night Incident) 47. On or about the night of Thursday, 18 January 2007 and Friday, 19 January 2007, almost two weeks after Mr. Feigley had grieved Defendant Conti's conduct and asked that it be stopped, Conti was employed perhaps as a relief, substitute or supplementary guard on C-Block in Frackville prison in which Mr. Feigley was housed. 48. Starting sometime shortly after 10 PM, 18 January 2007, Conti subjected Mr. Feigley to a night-long course of harassment. The first incident was a loud shout into Mr. Feigley's cell door which startled him awake. 49. Mr. Feigley didn't actually see Defendant Conti at that time, but believed it to have been his voice. 50. At 2:02 AM, 19 January 2007, Conti awakened Mr. Feigley by shining a light into his eyes. 51. When Mr. Feigley asked if there was something Conti wanted, Conti replied "your soul." 52. Within moments Conti returned to the cell door, hitting it and making noises. 53. At 3:18 AM Conti startled Feigley awake again by screaming into the cell. Conti then stayed at the door for an extended period making noises and saying things that Mr. Feigley couldn't make out. 54. Realizing that Conti was going to harass him for the rest of the night, Mr. Feigley arose resolving to start the day's affairs. 55. At 3:36 AM while Mr. Feigley was sitting on the toilet in the dark, moving his bowels, Defendant Conti came again to the cell door. 56. Conti stood at the door for several minutes watching Mr. Feigley use the toilet. Conti made various offensive comments. He called Mr. Feigley "bitch" and other things which Mr. Feigley couldn't quite make out. He threatened "I'll be back." 57. Mr. Feigley had been in prison for over 28 years, but had never before had a guard or any man spend long minutes watching him use the toilet while making aggressive and offensive comments. 58. At 5:02 AM Conti came to the door again. By that time the cell lights were on, Mr. Feigley was writing and ignored the noises and comments Conti made for several minutes. 59. The incident caused Mr. Feigley stress, annoyance, agitation and apprehension. He suffered considerable heart pain, shortness of breath, sleeplessness and weakness. 60. In the regular course of business Mr. Feigley made a contemporaneous record of the incident in his journal. He reported the incident the following day to his wife during a visit and promptly related the incident to his wife on the telephone. Telephone conversations are recorded. (Post-Grievance Incidents) 61. Even after Mr. Feigley filed his grievance, Attachment Number 1, on 28 December 2006, Conti's pattern of conduct continued. There were minor incidents on sundry occasions including on 11 and 14 January 2007 in the mess hall and on 10 February 2007 while Conti was relieving on B-Wing, C-Block. 62. On or about Tuesday, 27 February 2007, Defendant Conti harassed Mr. Feigley as he left the mess hall at breakfast time. 61. At about 10:30 AM on the same date, Conti called Mr. Feigley a "peter puffer" as he entered the mess hall at lunch time. The remark was offensive and indicated to Mr. Feigley that Conti was harassing Mr. Feigley in the mistaken belief that he's homosexual and/or out of hatred for homosexuality. 64. Mr. Feigley is not and never has been a homosexual. He is unclear about why Conti wants to think of him as a homosexual. 65. There is video surveillance of the prison mess hall. On information and belief, the surveillance is recorded and would reflect events in the mess hall. (The Institutional Grievance) 66. On 28 December 2006, after the second abusive and harassing search described in Paragraph 22 above, Mr. Feigley realized that Defendant Conti would not stop his harassment, threats and abuse so Mr. Feigley submitted an institutional grievance, Attachment Number 1, briefly reciting Conti's conduct. 67. Mr. Feigley asked only that Conti's improper conduct be corrected. 68. Mr. Feigley was not interviewed about the grievance. His records and/or journal were not examined. On information and belief, neither telephone or video recordings were examined. 69. Mr. Feigley assumed the grievance was being investigated by the Office of Professional Responsibility at Central Office pursuant to Directive DC-ADM 001 and so he was not concerned when he didn't receive a response within the usual time constraints. After more than a month's wait, Mr. Feigley inquired after the grievance, Attachment Number 6. 70. Some time later Mr. Feigley received a response signed by Defendant S[ean] Downs and dated 12 January 2007. The reply is Attachment Number 2 and is included here by reference as if set forth in full. 71. The grievance response is an official document within the meaning of 18 PaCS 4911 and is a report to authorities within the meaning of 18 PaCS 4904(a)(1). 72. The report alleges that the search of 28 December 2006 was a so-called "security cell search." The statement is false. Mr. Feigley is not subject to such searches, see Attachment Number 7a and 7b. 73. The report alleges "[t]here is no evidence to support your allegation of having your property 'ransacked.'" The statement is false. Mr. Feigley's averment is evidence. 74. The report alleges that the property was searched "as per policy." The statement is false. 75. The report alleges that "CO [corrections officer] Conti was not assigned to Housing Unit C on 4/22/06." To the extent that Defendant Conti was present on C-Wing of C-Block on 22 April 2006 and did the things averred herein, the statement is false. 76. The report alleges that "[o]n 8/10/06 it was found that you declined a telephone call and became agitated when [sic] CO Conti would not permit you to utilize a different time slot." The statement is false. 77. The report alleges that at a pat search on 28 August 2006 Mr. Feigley was "found to have sugar in your possession." The statement is false. Mr. Feigley doesn't use sugar. He didn't take sugar on 28 August 2006 or at any other time. On information and belief, the video surveillance of the mess hall would record if sugar (or anything) were pilfered. On information and belief, it was not reviewed. 78. The report alleges: "evidence discovered has established a pattern of behavior, whereby you make false or misleading statements when [sic] you become agitated with staff." The very awkwardly made statement is false. 79. The report concludes with what amounts to a threat to subject Mr. Feigley to "disciplinary action." 80. As a result of reading the contents of the grievance response, Mr. Feigley was intimidated and significantly deterred from pursuing the present matter and/or from reporting future staff misconduct. Rebecca's Bargain Antiques Collectible Vintage Photos Fine Prints - Old Maps Sheet Music - Old Books Elegant Antiques and Collectibles "Law is a bottomless pit," You are welcome to use or republish any of our material. Please give www.prisoners.com credit as the source. 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