PHILADELPHIA – A Philadelphia man asserts that institutional failures on the part of the City of Philadelphia and Curran Fromhold Correctional Facility leadership resulted in him being the subject of a severe assault at the facility, at the hands of another inmate.
Charles Parks first filed suit in the Philadelphia County Court of Common Pleas on Feb. 27 versus the City of Philadelphia, Prison Commissioner Blanche Carney, Deputy Warden Karen Butler, Deputy Warden Robert Rose and Correctional Officer Carriker (in their individual and official capacities at Curran Fromhold Correctional Facility), plus John Doe Correctional Officers. All parties are of Philadelphia.
“In April of 2023, plaintiff was an inmate at the Curran Fromhold Correctional Facility in the Philadelphia Prison System. On or about April 12, 2023, plaintiff was attacked in the PPS by another inmate at the CFCF. Plaintiff suffered from a corneal abrasion and a fractured orbital socket as a result of the attack,” the suit states.
“Defendants Carriker and Doe were present at the time plaintiff was attacked by the other inmate, stood by, watched, and did not intervene to stop the attack. Defendants Carriker and Doe were responsible for ensuring the safety of inmates at the CFCF while they were on duty as corrections officer. At all times relevant to this action, defendants Carriker and Doe were employed by defendant City of Philadelphia.”
The suit continues that due to the extent of the plaintiff’s injuries, the medical department at the prison was unable to properly care for him, resulting in him being transported to Jefferson-Torresdale hospital to care for his injuries.
“The Philadelphia Prison System has a list of inmate rules, regulations and disciplinary procedures designed to maintain order in the system and to provide protection to the public, inmates and staff. These procedures apply to all inmates. One of the rules for inmates is outlined in the prison’s no fighting policy. Inmates are not permitted to physically assault other inmates. If an inmate attacks another inmate without warning for no apparent reason that causes serious bodily injury to the victim or an inmate fights with another inmate and personal injuries result and/or if a weapon is used, this is considered a ‘Critical Infraction.’ Defendants Carriker and Doe observed other inmates attack plaintiff. Defendants Carriker and Doe had a reasonable opportunity to intervene as the other inmates attacked plaintiff yet failed to do so,” the suit says.
“Defendants Carriker and Doe knew plaintiff was in harm’s way and did nothing to ensure his safety. Defendants Carney, Karen Butler and Robert Rose knew of the risk to plaintiff’s safety because of their knowledge that the CFCF was grossly understaffed at the time of the attack. Defendants Carney, Karen Butler and Robert Rose were responsible for hiring corrections officers or otherwise working to recruit or retain corrections officers. Defendants Carney, Karen Butler and Robert Rose were responsible for the safety of inmates at the CFCF at all times relevant to the instant complaint. Defendants Carney, Karen Butler and Robert Rose were aware the CFCF was grossly understaffed at the time of the assault on the plaintiff.”
The suit also mentions the City of Philadelphia’s “history of understaffing and failing to protect inmates like plaintiff from known and dangerous inmates, failing to monitor inmates for inmate safety and failing to ensure that security protocols are being followed to ensure inmate safety.”
On March 27, the defendants removed the case to the U.S. District Court for the Eastern District of Pennsylvania, citing the plaintiff’s claims of constitutional rights violations.
For counts of violating the Eighth Amendment to the U.S. Constitution through civil rights violations, failure to protect and failure to intervene and violating Monell, the plaintiff is seeking compensatory 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, in Philadelphia.
The defendants are represented by Assistant City Solicitor Irene Lu of the City of Philadelphia’s Law Department.
U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-01299
Philadelphia County Court of Common Pleas case 230800935
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com