PHILADELPHIA – A King of Prussia woman is seeking to obtain a default judgment against a corrections officer defendant, in a case alleging she was assaulted by a series of such officers at the George W. Hill Correctional Facility.
Christina Grinevich of King of Prussia first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on April 30 versus Delaware County of Media, the GEO Group, Inc. and Jane Doe correctional officers, both of Thornton.
Grinevich said she was arrested on May 25, 2019, brought to the facility and while being processed, added she was assaulted by the four Jane Doe officers while she was being processed.
Grinevich said handcuffs were ripped off her hands with such force that it caused bone fractures, and that she was pepper-sprayed in the face after screaming in pain due to her fractured hand.
The plaintiff further accused the defendants of denying her feminine hygiene products during her menstrual cycle.
Grinevich’s fractured hand was allegedly ignored for almost eight weeks, and the suit claims it is permanently disfigured as a result.
According to the complaint, Delaware County and the GEO Group have been sued multiple times for medical negligence and civil rights violations of inmates.
Delaware County and the GEO Group filed a motion to dismiss the case on May 25, for failure to state claims upon which relief could be granted.
After an amended complaint with additional defendants was filed on June 10, a second motion to dismiss was filed on June 24 – this time by all of the defendants, minus Carson, Phillips and Tuttle.
“Plaintiff filed an amended complaint, identifying as defendants several prison staff members including, but not limited to, the Health Services Administrator Kristen Grady, Medical director Ronald Phillips, D.O., Sgt. Sean Gallagher, and corrections officer Shana Hockaday. Service of process has been accepted for newly-identified defendants Grady, Phillips, Gallagher and Hockaday. The remaining newly-identified defendants, Adrianna Carson and Cynthia Tuttle, have not been served with original process and are not part of the instant motion,” the dismissal motion said.
“Plaintiff has failed to state a claim for relief as to all the claims against the moving defendants in the amended complaint. Specifically, the allegations are insufficient to set forth a claim for excessive force, assault and battery, or civil conspiracy against the officer defendants. Furthermore, the remaining defendants Delaware County and The GEO Group, Inc., who are not individuals, cannot be liable for the claims of excessive force or deliberate indifference to medical needs under the law. Lastly, plaintiff fails to state a cause of action under Monell against the defendants.”
UPDATE
Grinevich filed a motion for default judgment against defendant Carson on Nov. 1.
“Plaintiff initiated the instant matter in United States District Court for the Eastern District of Pennsylvania on April 30, 2021. Plaintiff served defendant Carson with the action through personal service with a summons on July 9, 2021. Defendant Carson has not responded. Plaintiff filed a notice of default against defendant Carson on Aug. 16, 2021. Plaintiff served defendant Carson within the same time period with the notice of default,” the motion stated.
“Plaintiff included a note to contact Mr. Fry with the service of the notice of default. Instead of contacting Mr. Fry, Ms. Carson contacted undersigned counsel’s office, where she was again instructed to contact Mr. Fry. Defendant Carson has yet to contact Mr. Fry, retain an attorney, answer the complaint or contact this Honorable Court in any other way. Plaintiff comes now and asks this Honorable Court to issue a rule to show cause as to why default judgment should not be entered against defendant Carson.”
For counts of civil rights violations, excessive force, denial of medical care and failure to protect, Monell violations and conspiracy, the plaintiff is seeking in excess of $300,000, plus compensatory damages, delay damages, interest, costs, attorneys’ fees and punitive damages.
The plaintiff is represented by Brian J. Zeiger of Levin & Zeiger, in Philadelphia.
The defendants are represented by Matthew H. Fry and Robert M. DiOrio of DiOrio & Sereni, in Media.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-02003
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com