ERIE – A former Pennsylvania resident currently living in Michigan who sued Venango County authorities for allegedly failing to protect him from a fellow inmate who broke his jaw, has withdrawn charges against the only named defendant.
Ryan Selby of Jackson, Mich. initially filed suit in the U.S. District Court for the Western District of Pennsylvania on Aug. 14, 2020 versus Lt. Eric Caffery (C-Block), Correctional Officer John Doe, Venango County and the Venango County Jail, all of Franklin.
“Plaintiff Ryan Selby was placed in C-block at Venango County Jail while pending a disciplinary hearing. Plaintiff’s first cellmate complained that he did not want to be housed with Plaintiff because he is African-American. Lt. Caffery ordered that plaintiff be moved into a different cell,” the suit said.
“Upon arrival at the new cell assignment, plaintiff was uncomfortable because that cell mate was acting erratically; upon information and belief, that cellmate was withdrawing from methamphetamine.”
At that time, Lt. Caffery then ordered that plaintiff be housed with Jarvis Mitchell, an inmate who had recently attacked two other inmates on two different occasions.
“The first night Plaintiff was celled with Mitchell passed without incident although plaintiff noticed that he was agitated. The following morning, plaintiff informed Correctional Officer John Doe that Mitchell made him uncomfortable. Plaintiff was also informed by an unknown inmate that Mitchell had a tendency to assault other inmates,” per the suit.
“The second night plaintiff was celled with Mitchell, he fell asleep and does not remember much except that he and Mitchell had a conversation about music. In the middle of the night, plaintiff was awoken when Mitchell began to choke him until he blacked out. At some point, which plaintiff does not recall, he was able to hit the alert button in his cell. Former Correctional Officer Christina Rice was the first to respond and she found plaintiff severely injured on the floor of the cell.”
After the jail’s medical unit treated Selby and determined his injuries were too severe to be treated there, he was transferred to the University of Pittsburgh Medical Center – Presbyterian, where it was learned Selby had sustained a broken jaw in the assault from Mitchell.
“It was determined that the plaintiff also needed to have a titanium rod placed on his chin because he suffered a broken mandible in the assault. The surgeons removed the sutures, partially removed his bottom lip and made a deep incision inside plaintiff’s mouth to perform the surgery. Plaintiff spent five to six days in Presbyterian Hospital in Pittsburgh to recover, and was then transported to Butler County Prison,” the suit said.
“Plaintiff was not sent from the hospital with pain medication and needed to wait until jail staff filled his prescription later in the day. After two weeks of recovery, plaintiff was supposed to have a follow-up appointment at Presbyterian Hospital. The Butler County Jail was unable to transport plaintiff, so he had to wait until staff from Venango County Jail could transport him. Plaintiff waited approximately three weeks to attend his follow-up appointment.”
Selby had his follow-up appointment several weeks after the recommended appointment date, the suit states, when the doctors at Presbyterian Hospital took an x-ray of his jaw and noticed that it had shifted to the left side. The doctors told him that they would have to undo the first surgery and put titanium on the left side of his face to re-adjust his jaw.
The doctors also diagnosed plaintiff with temporomandibular joint dysfunction (TMJ), which would cause Selby’s jaw to pop when he opened up his mouth. At the time, the doctors completed the surgery and wired his jaw shut. The plaintiff was taken back to Butler County Jail a second time after completing his three-day recovery in the hospital.
“Two or three weeks later, plaintiff was transferred to SCI-Greene while his mouth was still wired shut. When plaintiff arrived at SCI Greene, the correctional officers said plaintiff was supposed to stay at Butler County until he was fully healed. Plaintiff was placed in the medical unit in isolation and had to wait for the correction officers to get plaintiff food and dietitians orders for a liquid diet,” the suit stated.
“Plaintiff was kept in the medical unit for six weeks, until plaintiff was cleared to be taken back to Pittsburgh to have his wires removed. Plaintiff has suffered lasting damage in the way of scarring on his nose, lip, chin, and neck; numbness in his lip on the left side; permanent nerve damage; and the loss of the use of the tendons on the left side of his neck.”
The defendants filed an answer to the complaint on Oct. 28, 2020, denying the complaint in its entirety and submitting 17 separate affirmative defenses.
“Defendant generally denies that he violated plaintiff’s rights, pursuant to 42 U.S.C. Section 1983, or otherwise plaintiff’s civil rights in any way. On the contrary, defendant protected plaintiff’s rights. At no time has defendant, either individually or in concert with others, deprived or sought to deprive the plaintiff of any rights, privileges or immunities secured to him by the Constitution or laws of the United States. Defendant was, at all times, acting in good faith and in an objectively reasonable manner and, therefore, is entitled to qualified immunity from civil damages,” the defenses stated, in part.
“Defendant was, at all times, acting pursuant to a duty required or authorized by statute or regulation, and, therefore, said acts were within the discretion granted to him by statute or statutorily authorized regulations. To the extent revealed by discovery, plaintiff’s claims may be barred by the statute of limitations. Any injuries received by the plaintiff were the direct result of his own actions, and defendant cannot be liable therefor. Plaintiff has failed to state a claim against defendant upon which relief can be granted.”
UPDATE
On June 23, Selby filed a notice of voluntary dismissal against Caffery with the Court.
“After engaging in the discovery process and meeting and conferring with opposing counsel, it has been determined that Lt. Eric Caffery (C-Block) is not the proper defendant in this matter. Accordingly, plaintiffs’ claims against Lt. Eric Caffery are voluntarily dismissed. Plaintiffs will move for leave of Court to amend the Complaint and include the correct defendant(s),” the notice stated.
For a count of violating the Eighth Amendment through failure to protect him from cruel and unusual punishment, the plaintiff is seeking compensatory damages for economic losses, emotional distress, humiliation, and pain and suffering, punitive damages, reasonable attorneys’ fees and costs, declaratory, injunctive and other equitable relief and such other and further relief as may appear just and appropriate, plus a trial by jury.
The plaintiff is represented by Alexander H. Lindsay Jr., John P. Senich Jr. and Max B. Roesch of The Lindsay Law Firm, in Butler.
The defendants are represented by Elizabeth F. Collura of William J. Ferren & Associates, in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 1:20-cv-00240
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com