PHILADELPHIA – A man incarcerated at the Philadelphia Industrial Correctional Center alleges that prison officials ignored the prior conduct of two fellow inmates with a propensity for violent behavior, who attacked the plaintiff with a homemade weapon last summer.
Anthony Autry filed suit in the U.S. District Court for the Eastern District of Pennsylvania on April 19 versus the City Of Philadelphia, Prison Commissioner Blanche Carney (in her individual and official capacities), Warden Pierre Lacombe (in his official capacity), Deputy Warden William Vetter (in his official capacity) Correctional Officer Romando Nicholls (in his individual and official capacities) and John Doe Correctional Officers Nos. 1-10. All parties are of Philadelphia.
“At all times relevant to this action, plaintiff was an inmate at PICC, a prison in the Philadelphia Prison System. On or about Thursday, Aug. 11, 2022, plaintiff was assigned to Cell No. 24 on block H1. Plaintiff was a pretrial detainee. Plaintiff was also confined in the Philadelphia Prison System pursuant to a Pennsylvania Department of Corrections state parole detainer. Kevin Wingfield and Nibri Watson were both inmates in the Philadelphia Prison System on or about Aug. 11, 2022. On the same date, Wingfield and Watson were housed together in PICC Cell No. 26 on block H1,” the suit says.
“On the same date, defendant Corrections Officer Romando Nicholls was assigned to monitor block H1 for the 3 p.m. to 11 p.m. shift. At all times relevant to this action defendants Nicholls, Carney, Lacombe, Vetter and John Doe Correctional Officers Nos. 1-10 were employed by defendant City of Philadelphia. On the same date, at approximately 8:33 p.m., plaintiff was attacked by inmates Winfield and Watson. Plaintiff was stabbed with an unknown object. Plaintiff was transported to the medical unit at PICC. Due to the extent of his injuries, plaintiff was then transported to Jefferson-Torresdale hospital. Plaintiff suffered multiple injuries.”
The suit adds that among his severe injuries, the plaintiff suffered a deep laceration approximately six inches in length to his left eye and two deep puncture wounds approximately two inches in depth to his back, wounds which respectively required sutures and stitches to close.
“Following the attack on plaintiff, a search was conducted of the trash can on the top tier of block H1 and one homemade weapon approximately seven inches long was recovered. Following the attack on plaintiff, a search was conducted of Wingfield and Watson’s Cell No. 26 and one homemade weapon approximately four inches long was recovered from the toilet bowl. Prior to the attack on plaintiff, inmates Wingfield and/or Watson engaged in conduct that required them to be kept separate and segregated from other inmates like plaintiff, yet no action was taken. The City of Philadelphia has a history of understaffing and failing to protect inmates like plaintiff from known, dangerous inmates, failing to monitor inmates for inmate safety and failing to ensure that security protocols are being followed to ensure inmate safety,” the suit states.
“As a result of the prior conduct of Wingfield and/or Watson, defendants knew inmates Wingfield and/or Watson had a propensity to attack other inmates like plaintiff. As a result of the prior conduct of Wingfield and/or Watson, defendants knew or had reason to know inmates Wingfield and/or Watson would attack plaintiff and did nothing about it. On the same date and time, defendant City of Philadelphia did not properly train and/or supervise defendant Nicholls and defendant Correctional Officers John Does #1-10 how to properly discipline an inmate, and/or did not properly train and/or supervise its staff of correctional officers generally.”
For counts of Monell liability and violating the Eighth and Fourteenth Amendments to the U.S. Constitution, the plaintiff is seeking damages in excess of $150,000, together with delay damages, interest, costs, attorneys’ fees and declaratory and injunctive relief.
The plaintiff is represented by Brian J. Zeiger of Levin & Zeiger, and Lauren A. Wimmer of Wimmer Criminal Defense, both in Philadelphia.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-01501
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com