SCI Smithfield inmate files civil, criminal complaints after boots were confiscated

HUNTINGDON, Pa. -- An inmate at SCI Smithfield is suing two top Pennsylvania Department of Corrections officials and is asking for criminal charges to be filed after he was forced to relinquish his three pairs of Timberland boots.

HUNTINGDON, Pa. -- An inmate at SCI Smithfield is suing two top Pennsylvania Department of Corrections officials and is asking for criminal charges to be filed after he was forced to relinquish his three pairs of Timberland boots.

Robert Fennell has filed a lawsuit against Eastern Region Deputy Secretary Michael Wenerowicz and SCI Smithfield Superintendent Eric Tice after three pairs of Timberland boots were confiscated and he was not reimbursed following the DOC mandate on hard-sole boots.

According to the civil suit, Fennel bought two pairs of Timberland boots around 2006, 2007 and a third on May 31, 2011.

Fennel contends on May 7 of this year, two pairs of his boots were confiscated May 7. Due to receiving misconduct violations, the never-worn third pair of boots was confiscated on May 10, according to the suit.

A March 26 DOC memo said all Timberland and Rocky boots would be confiscated by May 11.

Fennel contends he asked for a full refund for the boots, which was denied.

Fennel said confiscating the boots was a a breach of contract since he was not refunded. He is asking to be reimbursed $287.95 for the cost of the boots.

Fennel also filed a criminal complaint against Wenerowicz for theft in Huntingdon County.

The DOC boot mandate was in response to the death of SCI Somerset Sgt. Mark Baserman, who was killed during in inmate attack. The attacker was wearing hard-sole boots, according to police.

This is the third civil suit filed by an inmate in regard to the new mandate.

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