HARRISBURG – Dauphin County and the warden of its prison have denied claims brought by the nephew of a man who suffered fatal injuries while incarcerated there in a lawsuit 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 first 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 said.
“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 added 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 said 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 stated.
“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.”
UPDATE
Defendants Dauphin County and Briggs motioned to dismiss the case for failure to state claims upon which relief can be granted, on Oct. 11.
“Plaintiff’s claims against Warden Briggs should be dismissed where plaintiff failed to allege that Warden Briggs had actual knowledge that plaintiff was in danger from any specific inmate or correctional officer. Plaintiff does not plausibly plead sufficient factual allegations to support a claim that Warden Briggs acted with deliberate indifference that caused decedent’s alleged injuries. Accordingly, plaintiff has not stated a viable claim against Warden Briggs for failure to protect decedent under 42 U.S.C. Section 1983,” the dismissal motion stated, in part.
“Plaintiff did not plausibly plead that Warden Briggs knew of decedent’s need for medical treatment and intentionally refused to provide it; that Warden Briggs delayed medical care to decedent based on non-medical reasons; and/or Warden Briggs prevented decedent from receiving needed medical care. Accordingly, plaintiff has not stated a viable claim against Warden Briggs for denial of adequate medical care under 42 U.S.C. Section 1983.”
The answer further denied the plaintiff’s counts of excessive force, denial of adequate medical care, conspiracy, survival and wrongful death.
“Plaintiff does not allege specific facts to support that defendant Briggs or Dauphin County participated in a civil conspiracy claim. Therefore, plaintiff’s vague civil conspiracy claim against moving defendants should be dismissed. Plaintiff failed to provide sufficient factual basis to support the elements of a conspiracy: agreement and concerted action. Plaintiff failed to demonstrate that Warden Briggs and at least one other defendant reached an agreement to deprive decedent of a constitutional right,” the dismissal motion continued.
“Wrongful death and survivor actions are not substantive cause of action, rather, they provide means of recovery for unlawful conduct that results in death. Because plaintiff failed to plausibly plead that any action of Dauphin County or Warden Briggs resulted in decedent’s death, plaintiff’s claims for wrongful death and survivor action against Dauphin County and Warden Briggs must be dismissed. Warden Briggs is entitled to qualified immunity and Dauphin County is entitled to immunity under the Pennsylvania Tort Claims Act. Warden Briggs is entitled to qualified immunity and claims all such defenses. Dauphin County is entitled to immunity under the Pennsylvania Tort Claims Act and claims all such defenses.”
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 are represented by Frank J. Lavery Jr. and Andrew W. Norfleet of Lavery Law, also in Harrisburg, plus John R. Ninosky, Donald R. Carmelite and Yael L. Dadoun of Marshall Dennehey Warner Coleman & Goggin, in Camp Hill.
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