PHILADELPHIA – A Philadelphia man alleges he was the victim of an assault and battery by corrections officers, after visiting his girlfriend in custody at George W. Hill Correctional Facility in Delaware County.
Mutatie Johnson of Philadelphia first filed suit in the Philadelphia County Court of Common Pleas on March 11 versus The GEO Group, Inc., GEO Re-Entry Services, LLC, GEO Corrections and Detentions, LLC, GEO Correctional Holdings, Inc. and Community Education Centers, Inc. of Boca Raton, Fla., plus John Doe Correctional Officers, of Chester Heights.
“In or about 1997, responsibility for operation of the George W. Hill Correctional Facility was transferred from Delaware County to a private for-profit prison company, Wackenhut Corrections Corporation. In or about 2003, Wackenhut changed its name to The GEO Group, Inc. On Dec. 31, 2008, GEO pulled out of operations of the George W. Hill Correctional Facility citing ‘underperformance and frequent litigations.’ A new for-profit prison contractor, CEC, took over operation of the facility,” the suit says.
“Upon information and belief, when CEC took over for GEO, the same management, including the warden and chief of security remained in charge of George W. Hill Correctional Facility. Upon information and belief, defendants collectively continue to operate the George W. Hill Correctional Facility and continue to employ the individuals who staff the facility. On the March 13, 2020, plaintiff was an inmate in custody at George W. Hill Correctional Facility. Plaintiff was searched after completing a visit with his girlfriend for contraband.”
At the conclusion of the search, the suit says, defendant Does attacked the plaintiff without justification, swarming him and beating him with their hands and feet. The unprovoked attack put the plaintiff in fear of bodily injury and caused him to suffer injuries, along with violating his constitutional right to be free from excessive, unreasonable and unjustified force.
The defendants removed the case to the U.S. District Court for the Eastern District of Pennsylvania on June 7, due to complete diversity of citizenship between the parties.
For counts of assault, battery, intentional infliction of emotional distress, vicarious liability negligence, negligent hiring, retention and supervision, the plaintiff is seeking damages in excess of $50,000, together with punitive damages, attorney’s fees and costs.
The plaintiff is represented by Kevin V. Mincey and Riley H. Ross III of Mincey Fitzpatrick Ross, in Philadelphia.
The defendants are represented by Matthew H. Fry of DiOrio & Sereni, in Media.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-02224
Philadelphia County Court of Common Pleas case 220301306
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com