HARRISBURG – The nephew of a man who suffered fatal injuries while incarcerated at Dauphin County Prison has launched wrongful death litigation against the county, a health care company and more than three dozen corrections officers and medical providers, holding them responsible for his death.
JohnJuan White (as Administrator of the Estate of Jimmy King, deceased) of Maryland filed suit in the U.S. District Court for the Middle District of Pennsylvania on Aug. 9 versus Dauphin County, PrimeCare Medical, Inc., its CEO Thomas Weber, Esq., Warden Gregory Briggs and 40 separate members of Dauphin County Prison staff and medical providers.
“On or about Aug. 7, 2020, decedent was arrested on charges of retail theft, reckless driving, and related offenses. Bail was set at a total of $10,000, which he was unable to post, and Decedent was taken to Dauphin County Prison, where he was incarcerated as a pretrial detainee. On or about Aug. 9, 2020, decedent was struck in the head and torso by his cellmate, another inmate, and/or defendants Prison Staff McClerg, Ventura, Pecho and/or John/Jane Doe 1-10,” the suit says.
“Decedent was seen by prison medical staff, who noted a gash above his right eye and bruised or broken ribs. Defendant medical providers failed to appropriately examine decedent to rule out traumatic brain injury. Decedent was sent back to the same cell with the same cellmate. On or about Aug. 12, 2020, decedent informed defendants that he was still having headaches, and defendant medical providers failed to appropriately examine decedent and/or provide adequate diagnostic testing to rule out traumatic brain injury.”
The suit adds that on Aug. 14, 2020, the decedent was again attacked and struck in the head with a tablet and/or hard object by his cellmate, another inmate, and/or defendants Prison Staff McClerg, Ventura, Pecho, and/or John/Jane Doe 1-10. – and allegedly received no medical treatment following the Aug.14, 2020 assault, until, on or about Aug. 19, 2020, he presented to prison medical staff complaining of severe headaches, chest pain, difficulty breathing, difficulty sleeping, and chest pain.
However, despite his worsening symptoms and repeated head injuries, the suit says the medical provider defendants failed to appropriately examine the decedent and/or provide adequate and proper diagnostic testing to rule out traumatic brain injury on both Aug. 19 and 20, 2020.
“Then, at approximately 3 a.m. on Aug. 21, 2020, decedent was found face down in his cell in a pool of vomit, unresponsive and was rushed to Milton S. Hershey Medical Center. At Hershey Medical Center, decedent was intubated and given a CT scan, which revealed a subdural hematoma. Doctors at Hershey Medical Center shortly thereafter established that decedent had no brain activity,” the suit states.
“On or about Aug. 29, 2020, after his condition slowly worsened, Mr. King died. The Dauphin County Coroner’s Office conducted an autopsy that found the manner of death was homicide and the cause of death was complications of traumatic brain injury. If defendants had not been deliberately indifferent to the risk of harm against decedent, his cellmate, another inmate, and/or prison staff would have been prevented from assaulting him and/or assaulting him a second time.”
For counts of substantive due process violations through failure to protect from attack excessive force on a pre-trial detainee and denial of adequate medical care, failure to intervene, Monell claims for excessive force and denial of adequate medical care, supervisory liability claims for excessive force and denial of adequate medical care, conspiracy, state-law claims of assault and battery, negligence, gross negligence and vicarious liability, corporate negligence, survival and wrongful death, the plaintiff is seeking compensatory damages in an amount sufficient to fully and adequately compensate plaintiff, plus interest, costs, attorney’s fees and all other appropriate relief
The plaintiff is represented by Alan E. Denenberg of Abramson & Denenberg in Philadelphia, plus Leticia C. Chavez-Freed of the Chavez-Freed Law Office, in Harrisburg.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 1:22-cv-01241
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com