A former Winfield Township man serving a life sentence in prison for the shooting death of another man in 1995 is suing a Butler County Common Pleas Court judge, a former judge, a deputy attorney general and a court-appointed attorney over his unsuccessful efforts to get a new trial.

Steven Gardner, 64, an inmate in the state prison at Mercer, filed the civil suit last week seeking $365,000 in damages from each of the defendants who are Judge Joseph Kubit, former Judge Thomas Doerr, Deputy Attorney General Gregory Simatic and attorney Ryan James of White Oak, who was appointed to represent Gardner in his effort to obtain post conviction relief.

Gardner has made numerous appeal attempts since a jury convicted him of first degree murder and he was sentenced to life in prison for killing Robert Stewart, 37, on Jan. 10, 1995, in Gardner’s trailer in Cabot.

According to Gardner's appeal, he let Stewart move into his trailer in December 1994 until he could find a place of his own to live. On Jan. 10, 1995, Stewart started a fight with Gardner, tried to strangle him and “initiated” Gardner’s 9 mm handgun into the fight, according to the suit.

Gardner said he was able to get the gun from Stewart, told Stewart to leave and said he was going to call 911, but Stewart lunged at him and he shot him once, according to the suit. State police arrested him at the scene.

Gardner claimed he shot Stewart in self-defense, and the numerous appeals he has filed over the years have been denied. His latest effort is a petition filed in August with the Pennsylvania Supreme Court seeking allowance to file an appeal.

On Monday, Kubit, Simatic and James declined to comment on the suit. Doerr said he had no specific recollection of the case.

In the suit, Gardner maintains his innocence and that he fired in self-defense.

He claims the defendants have intentionally conspired against him to deprive him of his constitutional right to a new trial and his rights and interests in the land in Cabot where he lived.

The suit alleges the defendants discriminated against Gardner in his efforts to exercise his constitutional rights against cruel and unusual punishment, his right to bear arms for self protection and his rights to due process and equal protection of the law.

In addition, Gardner claims the defendants discriminated against him because he was poor and living paycheck to paycheck before he was convicted, and now, because he is an inmate.

He also accuses the defendants of “sabotaging” his efforts to obtain post conviction relief and his appeals.