see also Mayo v. Oppman, No. CV 17-311, 2018 WL 943528, at *1 (W.D. Pa. Feb. 20, 2018) (noting that Pennsylvania courts have “repeatedly held that the taking of an inmate's property, including the confiscation of funds in an inmate's prison account, is not conduct that falls with[in]” the care, custody, or control of property exception); Sherwood v. Pennsylvania Dep't of Corr., 240 A.3d 669 (Pa. Commw. Ct. 2020) (Table) (holding that the taking of money from inmate account for fines related to criminal cases did not implicate the exception in § 8522(b)(3) because “there is no liability for the taking” of an inmate's property (emphasis in original)); Rega v. Pennsylvania Dep't of Corr., No. 244 M.D. 2017, 2018 WL 627046, at *5 (Pa. Commw. Ct. Jan. 31, 2018), aff'd, 200 A.3d 955 (Pa. 2019) (same).Plaintiff's claim for conversion therefore does not fall within any exception to the Commonwealth's immunity and is barred whether based in negligence or intentional conduct.
This Court located no case law in which the mere association of such payments to a consecutive sentence were deemed delayed until the commencement of that consecutive term of incarceration. In fact, when faced with a similar argument in Rega v. Pennsylvania Department of Corrections , 2018 WL 627046 (Pa. Cmwlth. No. 244 M.D. 2017, filed January 31, 2018), aff'd , ––– Pa. ––––, 200 A.3d 955 (2019), this Court stated: This Court acknowledges that its unreported memorandum opinions may only be cited "for [their] persuasive value, but not as binding precedent."
"A demurrer should only be sustained if, on the facts averred, the law says with certainty that no recovery is possible." Bundy v. Wetzel, 184 A.3d 551, 556 (Pa. 2018) (Bundy I) (reversing dismissal of inmate's petition for review challenging Act 84 deductions); see Rega v. Dep't of Corr. (Pa. Cmwlth., No. 244 M.D. 2017, filed Jan. 31, 2018), 2018 WL 627046 (unreported), aff'd, 200 A.3d 955 (Pa. 2019); Saxberg v. Dep't of Corr., 42 A.3d 1210 (Pa. Cmwlth. 2012) (overruling preliminary objection as to Act 84 deductions for costs). When reviewing preliminary objections in the nature of a demurrer to a petition seeking injunctive relief, "we sustain the objection only where the underlying petition is insufficient to establish a right to relief."