MEDIA – A Delaware County man alleges that officials at George W. Hill Correctional Facility were aware of another inmate’s anger and propensity for violence towards him, and that it negligently failed to prevent a brutal assault he sustained at the hands of the other inmate in question.
Lamar Gordy of Linwood filed suit in the Delaware County Court of Common Pleas on March 31 versus GEO Secure Services, LLC and The GEO Group, Inc. of Boca Raton, Fla.
“On or about April 17, 2021, plaintiff was an inmate at George W. Hill Correctional Facility (a.k.a. “Delaware County Prison”) and was assigned to Block 10-B, Cell 101. On April 17, 2021, plaintiff was violently and brutally assaulted by another inmate, Rashaud Cottman, in the Day Room of Block 10-B. Rashaud Cottman should not have been placed in the same block as plaintiff, as plaintiff is accused of a crime upon the brother of Rashaud Cottman. The Prison was aware of a separation order which mandated that plaintiff and Rashaud Cottman be separated at all times for this reason,” the suit says.
“Block 10-B and Block 10-C are known as ‘The Hole’ or ‘Max Bail.’ The downstairs cell housing units of Block 10-Bare known as Max Bail. The upstairs cell housing units in Block 10-B are known as the Disciplinary Detention unit. The third-party Rashaud Cottman was housed in the Disciplinary Detention unit. Upon information and belief, it is alleged that Rashaud Cottman was housed in Block 10-C and requested to be moved to Block 10-B for the purpose of having the opportunity to assault plaintiff. Upstairs in Block 10-B (known as the Disciplinary Detention unit) does not have recreation at the same time as the downstairs of Block 10B (known as The Hole or Max Bail).”
The suit adds that as the plaintiff was performing his job duty of serving meals to the inmates in the downstairs of Block 10-B, the upstairs area of cells (known as the Disciplinary Detention unit) were coming out of their cells for their recreation time. At this point, the inmates in the Disciplinary Detention unit were handcuffed during their recreation time.
“The third-party Rashaud Cottman was one of the inmates leaving the Disciplinary Detention unit to go to the downstairs for recreation time. He somehow got loose of one of his handcuffs. At this time, he assaulted and battered plaintiff using the chain and cuff as a violent weapon that had become detached from one of his wrists. The assault occurred in the recreation area of Block 10-B and is captured on video surveillance. This assault and battery was witnessed by inmate Terrance Zanchuck, Inmate No. 19009539. As a result of the aforementioned assault and battery, plaintiff received bruising to his eye a cut and scar on his head and bruising and other injuries throughout his body. Plaintiff was taken to the medical unit of the Prison where photographs were taken of the injuries to his face The photographs were taken by Sergeant Amouzu,” the suit states.
“On numerous occasions prior to the assault, plaintiff expressed to the staff of the Prison that Rashaud Cottman was going to seek vengeance upon him. The Prison further had notice by the perpetrator constantly yelling from his cell to plaintiff statements such as, ‘I’m going to get you.’ Defendants, each of them through their negligence, actions, policies and/or indifference, allowed plaintiff to be assaulted and battered while he was in their custody and under their exclusive control. At all times relevant hereto, each of the defendants were vicariously liable for all negligent, reckless, intentional, wrongful, deliberately indifferent and unlawful conduct.”
For counts of federal civil rights violations and state law claims of negligence, the plaintiff is seeking compensatory damages, reasonable attorney’s fees and costs, reasonable past and future medical expenses, past and future lost wages, damages for past and future pain and suffering, such other and further relief as appears reasonable and just, punitive damages and all other damages recoverable under 42 U.S.C Section 1983.
The plaintiff is represented by James D. Famiglio of James D. Famiglio, P.C., in Media.
The defendants have not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2023-002813
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com