By James Halpin
The Citizens’ Voice
WILKES-BARRE, Pa. — A federal judge on Friday tossed a lawsuit alleging state prison officials purposefully withheld an inmate’s property in retaliation for a riot at State Correctional Institution at Dallas.
Anthony Locke, 36, and five others were charged with rioting at the prison on April 29, 2010, for barricading themselves in their cells in the restricted housing unit with mattresses and using cloth to hold the doors shut.
In a lawsuit filed in August 2012, Locke alleged prison officials shipped his belongings to State Correctional Institution at Grateford in May 2010 because he was being transferred. Because of medical reasons, the transfer never happened.
After Locke repeatedly asked about getting back his belongings — described as photos, obituaries and legal documents — prison officials in July 2010 delivered only two of his three boxes, according to the complaint. The third box was never found, Locke wrote, alleging the move was a “retaliatory injustice” because of the earlier confrontation.
“I wish to assert that not only (is) the missing property (i.e. photos, obituaries) of a sentimental value, but also imperative to properly prosecuting/litigating my criminal matter,” Locke wrote, seeking compensatory and punitive damages for violations of his due process rights.
In January, prison officials sought a summary judgment, arguing Locke has failed to exhaust his administrative remedies and that he failed to state a claim.
U.S. District Judge Sylvia H. Rambo on Friday granted the request, ordering judgment in favor of the Department of Corrections.
The move comes just days after Luzerne County Judge Lesa Gelb denied Locke’s request to dismiss the rioting charge because of alleged prosecutorial misconduct.
Locke’s attorney Ernie Preate accused the district attorney’s office of doctoring a video of state correctional officers raiding Locke’s prison cell during the confrontation, noting that six minutes of the original video were edited out of the version Preate received.
Prosecutors said it was a mistake and provided Preate with the full version as soon as they learned he was sent an edited version.