Clark v. Beard

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. The majority affirms the order of the Court of Common Pleas of Greene County (trial court), which sustained a demurrer to Appellants’ complaint filed by various officers and employees of the Department of Corrections (Department). In doing so, the majority holds that: (1) death row inmates whose death sentences have been vacated and whose execution warrants have expired do not have a clear legal right to be released from death row; and (2) such inmates cannot obtain damages for the injuries they have sustained during solitary…