SCRANTON – York County defendants deny all responsibility for the in-custody death of a Delaware man who was later found to be the victim of homicide and with a high level of amphetamines in his system.
Rose Palmer, representing the estate for Everett Palmer Jr., initially filed suit in the United States District Court for the Middle District of Pennsylvania on April 1, alleging that Palmer, who worked as a personal trainer, went to York County from his Delaware home to settle an open warrant on a DUI charge. The U.S. Army veteran was “healthy and in good spirits,” the lawsuit said.
He was arrested and put in a jail cell by himself. He died two days later.
York County, York County Prison, 10 guards and Prime Care employees were among defendants named in a lawsuit stemming from his death.
According to the lawsuit, on April 7, 2018, Everett Palmer Jr. surrendered to York County officials on an outstanding DUI charge. He was taken into custody and brought before Magisterial District Judge Scott J. Gross at approximately 8:25 p.m. Despite no other criminal record and this being Everett’s first offense, Gross ordered Mr. Palmer held on $5,000 bail.
Two days later, on April 9, 2018, Palmer, died in custody. His death was ruled a homicide, and his blood contained an extremely high level of methamphetamine and amphetamine in his system.
Based upon the level of methamphetamine in Everett’s blood at death, the half-life of methamphetamine, and the time Everett was in custody, it is impossible for Everett to have consumed the methamphetamine prior to turning himself in to York County authorities, it is alleged.
The plaintiff accused the defendants of trying to hide the death and trying to delay responses to inquiries in an effort to have the statute of limitations run out. His estate wants documents from mental health records to witness statements and surveillance video in order to help state claims.
An amended complaint was later filed on July 9, having terminated some of the individual defendants originally named.
UPDATE
On Aug. 3, the York County corrections defendants filed an answer to the plaintiff’s amended complaint, claiming the bruises were self-inflicted and the decedent did not obtain or ingest the methamphetamines when he was in custody.
“Plaintiff fails to state a claim upon which relief can be granted. Some or all of plaintiff’s claims against the county defendants are barred by the applicable statute of limitations. The county defendants hereby assert any and all affirmative defenses available to them under 42 U.S.C. Section 1983 and the Prison Litigation Reform Act,” the answer read, in part.
“The county defendants are immune from some or all of plaintiff’s state law claims pursuant to Pennsylvania’s Political Subdivision Tort Claims Act. The individual county defendants acted with a good-faith belief that their actions were constitutional and such belief was reasonable under the circumstances. The individual county defendants are entitled to qualified immunity for any and all unconstitutional actions and/or omissions alleged in plaintiff’s amended complaint.”
The answering defendants claim they did not “act intentionally, maliciously, in a conscience-shocking manner, or with deliberate indifference with respect to any and all actions” from the complaint and did not violate the decedent’s constitutional rights.
“Any and all force used on Mr. Palmer was reasonable, proportional, and necessary to secure the compliance of a combative and uncooperative inmate who was engaged in self-injurious behavior,” the answer stated.
The plaintiff is represented by Daniel Purtell and John Coyle of McEldrew Young and S. Lee Merritt of Merritt Law Office, all of Philadelphia.
The defendants are represented by Matthew Clayberger of Thomas Thomas & Hafer in Harrisburg, and John R. Ninonsky of Marshall Dennehey Warner Coleman & Goggin, in Camp Hill.
U.S. District Court for the Middle District of Pennsylvania case 1:20-cv-00539
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com