PHILADELPHIA – Bucks County and several of its corrections officials have motioned to dismiss a local woman’s litigation against them, one connected to the fatal overdose of a man incarcerated in its system, for failure to state a claim.
Valeria Corbin (as Administrator of the Estate of Joshua Patterson) of Philadelphia first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on July 21 versus Bucks County, David Kratz, James Coyne, Carl Metellus, David Galione, Kelly Reed and John Doe Corrections Officers, all of Doylestown.
“The decedent was an inmate at the Bucks County Prison in July of 2022. The decedent died in custody at the Bucks County Correctional Facility on or about Aug. 1, 2022. The decedent died due to an overdose of narcotics. In July of 2022, the decedent was supposed to be in a restrictive housing unit. However, based on information and belief, the Bucks County Correctional Facility does not maintain a restrictive housing unit; instead, they housed inmates on a normal block, but restricted their movement to their own cell,” the suit stated.
“In July of 2022, the decedent was restricted to his own cell on a normal block. In July of 2022, the block in which the decedent was housed was rampant with narcotics. Based on information and belief, inmates were actively using and distributing narcotics on the block where the decedent was housed. Defendant Bucks County failed to properly screen inmates before they were admitted to the prison population to ensure they were not bringing drugs into the facility. Defendant Bucks County failed to properly monitor the prison to ensure that inmates were not distributing narcotics in July of 2022. Defendant Bucks County failed to properly monitor the prison to ensure that inmates were not using narcotics in July of 2022.”
The suit continued that as a result of Bucks County’s failure to maintain a safe prison, free of narcotics, the plaintiff overdosed on narcotics and died.
“Defendants Kratz, Coyne, Metellus, Galione, Reed and Doe were decision and policy makers at the Bucks County Prison in July of 2022, responsible for the safety of inmates. Defendants Kratz, Coyne, Metellus, Galione, Reed and Doe did not have proper safety protocols in place on to ensure the safety of inmates in July of 2022. Defendants Correctional Officer Does did not properly monitor the block on which the decedent was housed, to provide safety, and more specifically that narcotics were not distributed and used on the block. As a direct and proximate cause of defendants’ actions and inactions, the decedent suffered immense physical injuries and death. Moreover, the decedent’s family suffered mental anguish and a loss of companionship, comfort, financial support, and guidance,” the suit said.
“Moreover, the decedent had death beneficiaries who will never see him again, nor will the decedent be able to provide financial support for his beneficiaries. Defendant Bucks County failed to create, implement, and enforce policies, practices and procedures to ensure that proper safety was provided to the decedent. Bucks County failed to ensure corrections personnel properly enursed that narcotics were not rampant in the Bucks County Prison. Bucks County failed to properly treated to check inmates in who were in restrictive housing to make sure the inmates were safe. The averred mistreatment of the decedent was objectively serious – the availability and use of narcotics in custody at the Bucks County Correctional Facility is not an acceptable practice under any circumstance.”
The surviving family members of Joshua Patterson are seeking all damages available under the Survival Act and Wrongful Death Act.
UPDATE
The Bucks County defendants filed a motion to dismiss the complaint for failure to state a claim upon which relief could be granted, on Aug. 11.
“On Aug. 1, 2022, Joshua Patterson voluntarily ingested drugs while incarcerated at the Bucks County Correctional Facility and passed away from an overdose of narcotics. Plaintiff Valeria Corbin, Administrator of the Estate of Joshua Patterson, now brings this action against the County, the named defendants (in their individual and official capacities), and certain “John Doe Corrections Officers.” The complaint asserts claims for: (i) failure-to-protect under the Eighth and Fourteenth Amendments; (ii) supervisor liability under the Eighth and Fourteenth Amendments; (iii) municipal liability under Monell; and (iv) wrongful death and survivorship under the Pennsylvania Constitution. The limited facts pled in the complaint, however, fail to state any plausible claim for relief,” per the dismissal motion, in part.
“First, the failure-to-protect claim against the named defendants is not only duplicative of the supervisor liability claim, it is without any factual support. Instead, the complaint relies on improper group pleading and immaterial lawsuits that have no relevance to the claims at issue. Second, there is similarly no claim for supervisor liability. There are no facts showing the named defendants had knowledge of or acquiesced in the alleged drug use on Patterson’s block or the purportedly inadequate screening procedures. The complaint merely hypothesizes that they were somehow involved in Patterson’s death by virtue of their positions. Third, despite the complaint’s assertion that the County maintained or failed to maintain properly at least ten policies, the complaint fails to substantiate these claims beyond overbroad, vague, and conclusory allegations. Much like the supervisor liability claim, the Monell claim jumps to the conclusion that a County policy caused Patterson’s death. Fourth, because the complaint does not state any independent claims for relief, the derivative wrongful death and survivorship claims also fail. Accordingly, the complaint must be dismissed.”
For counts of violating the Eighth and Fourteenth Amendments to the U.S. Constitution through failure to protect from illicit drugs, supervisory liability and municipal liability, survival and wrongful death, the plaintiff is seeking damages in excess of $150,000 in compensatory damages, punitive damages, delay damages, interest, attorney’s fees and allowable costs of suit and brings this action to recover same.
The plaintiff is represented by Brian J. Zeiger of Levin & Zeiger, in Philadelphia.
The defendants are represented by Tyler B. Burns of the Bucks County Law Department, in Doylestown.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-02784
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com