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BUEHL v. BEARD

No. 435 M.D. 2009.

54 A.3d 412 (2012)

Roger BUEHL, Petitioner v. Jeffery A. BEARD, Secretary, Pennsylvania Department of Corrections, Paul K. Smeal, Superintendent, State Correctional Institution at Smithfield and Pennsylvania Department of Corrections, Respondents.

Commonwealth Court of Pennsylvania.

Decided September 10, 2012.

Attorney(s) appearing for the Case

Jennifer J. Tobin , Philadelphia, for petitioner.

Jaime B. Boyd , Assistant Counsel, Camp Hill, for respondents.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and BROBSON, Judge.

OPINION BY Judge LEAVITT.

Roger Buehl is an inmate at the State Correctional Institution at Smithfield (SCI-Smithfield). Buehl has filed a petition for review with this Court, seeking a writ of mandamus as well as declaratory and injunctive relief. The gravamen of Buehl's action is that the Department of Corrections has failed to provide him and other inmates the physical exercise that is required by statute. The Department, Secretary Beard and Superintendent Smeal...

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