PITTSBURGH – The widow of a man incarcerated at the Allegheny County Jail two years ago and who passed away from COVID-19, contends that institutional failures on the part of the jail and its officials directly contributed to his death.
Sheila Harper (as administrator of the Estate of Robert Edward Henry Harper) filed suit in the U.S. District Court for the Western District of Pennsylvania on Aug. 10 versus Allegheny County, Allegheny County Jail Warden Orlando Harper (in his individual capacity) and John/Jane Doe(s) Nos. 1 and 2 (in their individual capacities).
“On or about Aug. 10, 2021, decedent tested positive COVID-19 while in the care and custody of defendant County’s Allegheny County Jail. At that time, decedent was housed at defendant County’s Allegheny County Jail as a pre-trial detainee. Upon information and belief, defendants County, Harper, Doe(s) 1 and/or Doe(s) 2 were informed of decedent’s diabetes diagnosis upon his intake into Allegheny County Jail. As a result of the decedent’s positive COVID-19 test, defendants Doe(s) 1 and/or Doe(s) 2 separated the decedent from Allegheny County Jail’s general population and placed him into quarantine,” the suit says.
“Thereafter, decedent’s condition worsened, and he experienced serious symptoms including, but not limited to, an inability to stand and/or move. Despite the clear deterioration of decedent’s health, and the defendants’ actual knowledge of his prior diabetes diagnosis, decedent was not transferred to a medical facility for observation and/or treatment. Plaintiff believes, and therefore avers, that defendants Doe(s) 1 and/or Doe(s) 2 did not take steps that were reasonable and necessary in order to treat decedent’s serious medical needs, as described hereinbefore above. Therefore, defendants Doe(s) 1 and/or Doe(s) 2 were deliberately indifferent to decedent’s serious medical needs, despite knowledge of the same. Furthermore, defendants Doe(s) 1 and Doe(s) 2 refused to enter decedent’s cell to provide him with any meals for multiple days during the pendency of his illness, despite their actual knowledge of decedent’s diabetes diagnosis. Plaintiff believes, and therefore avers, that the actions of defendants Doe(s) 1 and and/or Doe(s) in refusing to provide the decedent with meals for multiple days during his illness contributed to his failing health.”
The suit adds that the plaintiff also believes that the Doe defendants “did not take steps that were reasonable and necessary in order to treat decedent’s serious medical needs, and thus, “were deliberately indifferent to the decedent’s serious medical needs, despite knowledge of the same.”
“On or about Aug. 19, 2021, approximately nine days after decedent tested positive for COVID-19, decedent was transported to Allegheny General Hospital for treatment. Decedent died in the hospital as result of complications associated with COVID-19 on or about Sept. 12, 2021. During decedent’s confinement in Allegheny County Jail until his death, decedent’s medical condition progressively worsened due to defendant County’s failure to provide adequate medical care. Despite defendants County’s, Harper’s, Doe(s) 1’s and/or Doe(s) 2’s actual knowledge of decedent’s worsening medical condition, as described hereinbefore above, the defendants, and each of them, took no legitimate action to treat his medical needs prior to his death. Accordingly, defendants County, Harper, Doe(s) 1 and/or Doe(s) 2 were deliberately indifferent to decedent’s serious medical needs, despite knowledge of the same,” the suit states.
“Decedent was unable to access defendant County’s administrative remedy process and/or defendant County’s administrative remedy process was unavailable to him due to decedent’s worsening health, as more fully described hereinbefore above. Plaintiff believes, and therefore avers, that defendants’ aforementioned illegal conduct is part of a policy, practice, or custom of providing inadequate treatment to inmates experiencing COVID-19 symptoms and/or inmates with other serious medical needs. As a result of defendant County’s aforementioned policy, practice, or custom, decedent experienced a violation of his rights under the Fourteenth Amendment, undue pain, suffering and death. Plaintiff also believes, and therefore avers, that defendant County failed to properly train its staff in treating inmates experiencing COVID-19 symptoms and/or inmates with other serious medical needs. This practice created an unreasonable risk of serious injury or death to inmates with serious medical needs.”
The suit concludes that Harper, as the Warden of the Allegheny County Jail and a decision-maker “was aware of and/or acquiesced in the aforementioned illegal actions, customs and policies of defendant County…and/or otherwise ratified the illegal conduct of the individual defendants” – and that as a result, the “decedent experienced a violation of his rights under the Fourteenth Amendment, undue pain, suffering and death.”
For counts of failure to provide adequate medical care, failure to train and wrongful death in violation of the Eighth and Fourteenth Amendments to the U.S. Constitution, the plaintiff is seeking compensatory general damages against the defendants, and each of them, jointly and severally, in the amount proven at trial; compensatory special damages including, but not limited to, costs of suit; reasonable attorney’s fees as permitted by law; pre- and post-judgment interest as permitted by law; punitive damages against the individual defendants; damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration; and such other relief, including injunctive and/or declaratory relief, as this Court may deem proper.
The plaintiff is represented by Joel S. Sansone of the Law Offices of Joel Sansone, in Pittsburgh.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:23-cv-01433
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com