PHILADELPHIA – The daughter of a man who died by suicide at Chester County Prison two years ago alleges that corrections and medical officials failed to prevent both his death and the death of other inmates at the facility.
Taylor Pettit (individually and as Administrator of the Estate of Kenneth Pettit) of Wallingford filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Oct. 5 versus Chester County, Correctional Officers S. Pate, D. Roberts, T. Rost, L. Boyd and John/Jane Doe Correctional Officers 1-10 (all c/o Chester County Prison), all of West Chester, plus PrimeCare Medical, Inc., Mabel Moiyalla, M.A., Kimberly McGee, L.P.N. and John/Jane Doe Medical Providers 1-10 (all c/o PrimeCare Medical, Inc.), all of Harrisburg.
The suit was prefaced with the information that Pettit, at the age of 45, died by suicide on Oct. 6, 2021, while an inmate at Chester County Prison.
“Long before he hung himself on Oct. 6, 2021, Pettit’s mental health issues and troubled history were well known to both the County and PrimeCare According to County and PrimeCare records, on April 21, 2021, Pettit was committed to CCP as a pre-trial detainee. Upon information and belief, Pettit had been there before. Upon intake, he revealed a history of cocaine and marijuana use. PrimeCare’s intake forms reflected: (a) Significant loss within the last 6 months; (b) Patient’s family or significant other has attempted or committed suicide [Pettit’s father hung himself to death when he was younger, as reflected in PrimeCare records]; (c) A previous commitment (date and location not reflected); and (d) Head injury years prior,” the suit states.
“On April 24, 2021, Pettit’s cellmate reported that Pettit ‘had a sheet around his neck and was trying to kill himself.’ The responding officer, Officer Manyeah, found a sheet that had been ‘twisted tightly to mimic a noose.’ According to a report from Corporal King, Pettit stated, ‘I can’t do this anymore.’ His cellmate advised Cpl. King that Pettit again tried to tie something around his neck after the sheet was removed. Cpl. King escorted Pettit to the medical department, during which Pettit stated he ‘did not want to live anymore.’ Nurse McGee assessed Pettit in the medical department, at which time Pettit was sobbing, acknowledged his suicide attempt and reiterated ‘I can’t do this anymore, I don’t want to live anymore…’ Nurse McGee placed Pettit on Psychiatric Observation Level 1.”
The suit continues that in the week before his release from the facility on May 1, 2021, Pettit initially remained on Psychiatric Observation Level 1, before being downgraded to Psychiatric Observation Levels 2 and 3. Despite a concern that Pettit’s positive mood was seen as “overly positive, that it presents [as disingenuous]”, that concern was counter-balanced by his belief that “suicide was immoral and protective factors, including two children and a desire to return to work.” These factors helped lead to Pettit’s release.
“On Oct. 2, 2021, Pettit was recommitted to CCP, at which time an intake and suicide screening was performed by Assistant Moiyallah. She noted Pettit’s history of drug or alcohol abuse and prior commitment to CCP but, unlike on that intake, recorded ‘No’ in response to whether patient’s family or significant other has attempted or committed suicide. In addition, though in direct conflict with PrimeCare’s own records referencing the aforementioned suicide attempt, she inexplicably recorded ‘No’ in response to whether ‘Patient has attempted suicide previously’ and to the question: ‘Do you have a history of suicide attempts?’ Assistant Moiyallah scheduled Pettit for a 14-day Physical (10/12/2021) and 90-day Mental Health Assessment (12/31/2021). Within minutes of the intake, Nurse McGee reviewed the intake forms. She noted his suicide score was 1 (for a history of substance abuse) and that Pettit was cleared for general population. Pettit signed a Consent form authorizing PrimeCare to provide and receive his medical records. He was placed in Cell N-47. Upon information and belief, other than a negative COVID test, Pettit received no medical attention (mental health, detoxification or otherwise) before hanging himself to death four days later. Upon information and belief, his ‘activity’ was reflected on an Intake Checklist at 30-minute intervals,” the suit says.
“According to a CCP telephone log, Pettit made 16 calls between Oct. 2 and Oct. 6, 14 to his girlfriend Danielle and two to his brother Bobby, during which Pettit’s financial, legal and mental health problems were discussed. All such calls were recorded. Notably, on his first call during the October detainment, he told Danielle ‘I’m done with life…I think I’m just going to quit life.’ On Oct. 4, he told Danielle that he was ‘about to kill myself earlier…barely holding on.’ On Oct. 6, five hours before his suicide, Pettit told Danielle that he was ‘barely holding it together.’ According to CCP reports, there were four inmates on N block as of the afternoon and/or early evening of Oct. 6.”
Pettit was the lone occupant of cell N-47. On video produced by CCP, Pettit is last seen out of his cell around 4:45 p.m., at which time he placed a food tray on a nearby table and immediately retreated into his cell.
That same video reflects a Correctional Officer, believed to be CO Pate, walking by Pettit’s cell shortly before 5 p.m. CO Pate wrote ‘laying’ as the observed activity at that time. Pettit was not observed, as he should have been, around 5:30 p.m., and his Intake Checklist does not have an entry at that time.
“According to CCP incident reports, CO Pate was assigned to the 1545 to 0015 shift (essentially 4 p.m. to midnight), along with CO Roberts and CO Rost. The reports indicate that CO Pate went on a half-hour dinner break around 5:30 p.m. It is unknown what CO Roberts and CO Rost did during that timeframe. CO Pate reported that, upon returning from break, he repeatedly rang via intercom into Pettit’s cell to see if Pettit wanted to go to the ‘dayroom.’ Pettit did not respond on all three occasions. Hearing no response from Pettit, CO Pate rang in on the other three inmates on the block. He then rang Pettit again but got no response. CO Pate then entered the quad and can be seen walking over to Pettit’s cell on the video, at approximately 6:07 p.m. CO Pate reported that when he arrived to the cell window he saw Pettit’s legs and torso slumped over off the bunk, appearing to hang. On the video, CO Pate can be seen for approximately 30 seconds opening the cell door and standing by the door front (but not entering the cell). He then left for 20 seconds before returning. The same video shows CO Roberts arriving around a minute after CO Pate first arrived, leaving 30 seconds later, and returning approximately 30 seconds thereafter,” the suit says.
“According CO Pate’s report, he and CO Roberts entered the cell together, at which time he saw Pettit hanging from a sheet tied around the top bunk. At CO Pate’s instruction, CO Roberts retrieved scissors and returned to cut Pettit down. CO Roberts reported that he called CO Rost over the radio to call a Code 2. The first medical responder can be seen on video arriving to Pettit’s cell at approximately 6:10 p.m., 2-3 minutes after CO Pate discovered Pettit hanging. According to his report, Lt. Boyd was the floor lieutenant on that 4-12 shift. He responded to the Code and ordered a 911 call at 6:13 p.m. EMS arrived around 6:25 p.m. and assumed CPR. They could not resuscitate Pettit and he was pronounced at 7:57 p.m., cause of death asphyxiation and hanging. According to the autopsy report, Pettit was last seen alive at approximately 4:54 p.m., and demonstrated rigor mortis upon external examination.”
The suit adds that Chester County and PrimeCare “were well aware of their failures to appropriately treat numerous prisoners like Pettit suffering from mental illness and substance abuse” and as a result, numerous other suicides of inmates at the facility had previously taken place.
For counts of violating constitutional rights under the Fourteenth Amendment to the U.S. Constitution, Monell, state law medical negligence, survival and wrongful death, the plaintiff is seeking damages, jointly and severally, compensatory and punitive damages in excess of $150,000, plus interest, costs, attorney’s fees and such other relief as the Court deems just and proper.
The plaintiff is represented by Todd A. Schoenhaus of Eisenberg Rothweiler Winkler Eisenberg & Jeck, in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-03884
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com