Whibby v. Commonwealth, Department of Corrections

OPINION BY

Senior Judge MIRARCHI.

The Department of Corrections (Department) has filed a motion to terminate or modify a permanent injunction issued on October 4, 2001 in the course of this action in our original jurisdiction. We deny the Department’s motion.

John Whibby (Petitioner) is or was an inmate at the State Correctional Institution at Roekview (SCI-Rockview) serving a sentence for his 1988 rape conviction. 1 In 2000, he commenced an action against the Department seeking the expungement of a DNA 2 sample taken from him in June of that year, an order enjoining SCI-Rock-view personnel from…