By Steve Mocarsky
The Times-Leader
SCRANTON — An ex-con who earned a law degree in prison has sued his parole officer in federal court, claiming the officer put unwarranted restrictions on him.
Theodore B. Savage says in a complaint filed last week in U.S. District Court for the Middle District of Pennsylvania that his parole officer vowed to send him back to prison because he didn’t like the fact that Savage filed multiple lawsuits against prison officials while he was incarcerated.
State Parole Agent Donald Harrell and Harrell’s supervisor, Robert G. Jones, are named as defendants. Harrell referred comment to the state Board of Probation and Parole office in Harrisburg, saying he was not permitted to address the media.
Parole board spokesperson Sherry Tate declined comment as a matter of policy because of the pending legislation.
Savage, 46, of Hazle Township, notes in his lawsuit that he was a plaintiff in civil rights actions filed against state prison officials in state and federal courts while he was incarcerated, citing four specific cases as examples.
According to the Department of Corrections, Savage was sentenced in 1993 to 14 years, six months to 31 years in state prison on an aggravated assault conviction.
Savage said he was granted parole in August 2012, and Harrell was assigned to temporarily supervise him in November or December 2013 while his regular parole officer was out on medical leave.
On Harrell’s first visit to Savage’s residence, Harrell questioned him about his previous litigation against prison officials, expressed distaste for prisoners who sue prison officials and told Savage, “It’s a matter of time before I violate you and return you to the prison officials you’ve sued over the years,” the complaint states.
Harrell eventually imposed a more restrictive curfew on Savage, changing it from 10 p.m. to 6 a.m. to 8 p.m. to 8 a.m., even though Savage committed no parole or curfew violations, the complaint states.
After Savage complained to the Parole Board and Governor’s Office and discussed the situation with Scranton parole office supervisors, Harrell and Jones in February ordered Savage to participate in the Luzerne County Day Reporting Program five days a week, according to the complaint.
After Savage again complained, Harrell and Jones ordered him in March to wear an electronic ankle monitor. They also allegedly threatened to place him in a parole violator center if he continued complaining, and ordered him to appear at the Scranton office, even though he is unemployed and can’t afford to make the 80-mile round trip from Hazleton, the complaint states.
Savage alleges Harrell’s and Jones’ actions were done to harass, punish and retaliate against him for his previous litigation and more recent complaints in violation of his First Amendment rights. He is seeking $25,000 in compensatory damages, $25,000 in punitive damages, that the court enjoin Jones to assign him a different parole agent until the case is over, and judgment that the defendants’ acts are unconstitutional.
Attached to the complaint is a declaration from Savage’s wife, Stacy, who says she overheard Harrell make the alleged threatening statements to her husband, whom she described as a productive member of the community and an active member of several community organizations.