Opinion
256 MDA 2023 J-S35040-23
01-09-2024
COMMONWEALTH OF PENNSYLVANIA v. CURTIS THOMAS Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
Appeal from the Order Entered December 21, 2022 In the Court of Common Pleas of Centre County Criminal Division at No(s): CP-14-MD-1457-2022
BEFORE: PANELLA, P.J., McLAUGHLIN, J., and COLINS, J. [*]
JUDGMENT ORDER
COLINS, J.
Appellant, Curtis Thomas, appeals the grant of a motion to dismiss his Petition for Habeas Corpus. The Court of Common Pleas of Centre County granted the Motion to Dismiss filed by the Department of Corrections' Superintendent Morris Houser and Secretary George Little, the named respondents, because Appellant failed to allege or produce evidence of (1) illegal confinement or (2) cruel and unusual punishment. Appellant argues that dismissal was erroneous because the conditions in which he is housed in prison - specifically in a single occupancy cell - violates the constitutional prohibition on cruel and unusual punishment. We transfer this appeal to Commonwealth Court because the relief Appellant seeks may be available in a mandamus or injunction action but not in a Petition for a Writ of Habeas Corpus.
Although no party has questioned the subject matter jurisdiction of either this Court or the Court of Common Pleas, it is well established that a court may raise jurisdiction sua sponte. Commonwealth v. Torres, 239 A.3d 70 (Pa. Super. 2020); Lynn v. Aria Health Sys., 227 A.3d 22, 29 (Pa. Super. 2020); Grom v. Burgoon, 672 A.2d 823, 824-25 (Pa. Super. 1996). Appellant styled his initial pleading as one seeking a writ of habeas corpus. "The writ of habeas corpus has been called the 'great writ.' It is an ancient writ, inherited from the English common law, and lies to secure the immediate release of one who is detained unlawfully." Commonwealth v. Morman, 541 A.2d 356, 358 (Pa. Super. 1988). Jurisdiction over a proper habeas corpus proceeding lies in this Court and the Court of Common Pleas. See 42 Pa.C.S. §§ 761(a)(1)(i), 762(a)(1)(i).
However, Appellant does not seek release or a change in his sentence of incarceration, as would be appropriate in a habeas action. See Brown v. Dep't of Corrections, 81 A.3d 814, 744 (Pa. 2013) (petition for review "testing the legality of his commitment and detention … sounded in habeas corpus") (internal brackets and quotations omitted); Commonwealth v. Burke, 261 A.3d 548, 553-554 (Pa. Super. 2021) (discharge is the appropriate remedy for a meritorious habeas petition). Nor are we constrained by the name of the proceeding on the initiating document where the relief requested demonstrates that it should have been filed as a different cause of action. See Borsello v. Colleran, 833 A.2d 1213, 1214-15 (Pa. Cmwlth. 2003) (petition for habeas corpus was outside the jurisdiction of the court of common pleas because it raised an issue within the jurisdiction of Commonwealth Court). Instead, we look to the form of relief requested. Here, Appellant seeks a judicial order directed to officials of the Department of Corrections to change its policy with respect to his placement in Restrictive Housing Unit. As such, Appellant's petition is a form of "prisons conditions litigation" which is a "civil proceeding arising in whole or in part under Federal or State law with respect to the conditions of confinement or the effects of actions by a government party on the life of an individual confined in prison. The term includes an appeal" and excludes criminal and habeas corpus proceedings. 42 Pa.C.S. § 6601. As officers of the Commonwealth are the named defendants in this civil proceeding, jurisdiction for this matter lies with Commonwealth Court. 42 Pa.C.S. § 761(a)(1).
"If an appeal … is taken to or brought in a court … of this Commonwealth which does not have jurisdiction of the appeal …, the court … shall not quash such appeal or dismiss the matter, but shall transfer the record thereof to the proper tribunal of this Commonwealth[.]" 42 Pa.C.S. § 5103(a). Accordingly, we direct the Prothonotary of the Superior Court to transfer the original record of this matter and the Judgment Order to the Commonwealth Court.
Appeal transferred to Commonwealth Court. Superior Court Jurisdiction relinquished.
Judgment Entered.
[*] Retired Senior Judge assigned to the Superior Court.