WILKES-BARRE – An attorney for the Luzerne County Prothonotary’s Office said an appeal filed by a state inmate was justly rejected because it wasn’t filed in time, and the inmate’s lawsuit filed against the office and other county employees should be dismissed.
Prothonotary Carolee Medico Olenginski, former Deputy Prothonotary Bob Sypniewski, former county President Judge Chester Muroski and the Luzerne County Court of Common Pleas were named in a handwritten lawsuit filed by Hilton Karriem Mincy, who is currently incarcerated at the State Correctional Facility at Rockview in Bellefonte.
The suit was filed with in the state Supreme Court on July 14.
On Wednesday, an attorney for Olenginski, Samuel Stretton, filed preliminary objections to Mincy’s lawsuit.
Mincy claims in his lawsuit the county’s civil records office failed to file an appeal he sought in May 2010.
The appeal stems from a May 2009 lawsuit Mincy filed against attorney Tom Marsilio, in which Mincy alleges Marsilio “kept him in the dark” about another civil lawsuit against SCI Mahanoy, where Mincy alleged mistreatment at the prison.
Mincy alleges a breach of contract and negligence on the part of Marsilio. That complaint was dismissed by then-President Judge Muroski, who has since become a senior judge.
Mincy says in the suit he wanted to file an appeal to the judge’s order, but could not because of the civil records office mishandling his documents.
The lawsuit filed against SCI Mahanoy, court records say, was dismissed at the federal level.
The failure to file the appeal, Mincy says in the suit, caused him to have his rights taken away; to lose the right to reverse a judge’s decision and to lose money owed to him totaling more than $11,000.
Mincy also says he should be able to refile the appeal and should be reimbursed fees for filing the lawsuit and obtaining a paralegal.
Stretton said in his objections to the lawsuit the notice of appeal was rejected by the prothonotary’s office because it did not include filing fees and was untimely.
Stretton said Mincy also took more than a year to respond and the case should be under the jurisdiction of the court of common pleas, not the Supreme Court, and therefore should be dismissed.
Mincy is serving a 17-to-40-year sentence on a charge of criminal attempt stemming from a case in Lycoming County.
Mincy, 36, of Williamsport, was originally incarcerated in October 1998. He will be up for parole in March 2015, according to the Department of Corrections.