WILLIAMSPORT – A federal judge has dismissed official capacity claims against corrections officials and granted an extension for the defense to answer a civil complaint, alleging those officials and support staff at Lycoming County Prison allowed a man’s diabetic condition to worsen until he died in custody.
Marvin Lee Turner (individually and as Administrator of the Estate of Chaz Donya Turner, deceased, and in his own right) filed suit in the U.S. District Court for the Middle District of Pennsylvania on Dec. 29, 2023 versus Lycoming County, Lycoming County Prison, its Warden Brad A. Shoemaker, its Deputy Warden of Security and Operations Ryan C. Barnes, its Deputy Warden of Inmate Services Christopher J. Ebner, John Does 1-10, John Doe Correctional Offices 1-10, John Doe Medical Director, Correctional Health Services, John Doe Doctors 1-10 and Jane Doe Nurses 1-10. All parties are of Williamsport.
The complaint alleged that Chaz Donya Turner, 33, died due to intentional denial and delay of medical care while he was incarcerated at Lycoming County Prison in January 2022 – and that despite multiple pleas for medical attention, symptoms such as shortness of breath, nausea, urinary frequency, abdominal pain, generalized weakness and uncontrolled vomiting were evident, but disregarded.
By the time Mr. Turner was finally allowed treatment at a hospital, the suit said, his condition had deteriorated to a terminal stage. The lawsuit claimed this constitutes cruel and unusual punishment and violated Mr. Turner’s Eighth Amendment rights.
UPDATE
On May 6, the Lycoming County defendants motioned to dismiss the official capacity claims against Shoemaker, Barnes and Ebner without prejudice, explaining that all parties had mutually agreed to such a decision, and request a brief extension for them to answer the complaint.
“On Dec. 29, 2023, plaintiff filed a complaint against defendants. On Feb. 6, 2024, defendants waived service. The complaint raises Section 1983 Eighth Amendment cruel and unusual punishment claims and Fourteenth Amendment due process violation claims stemming from an alleged failure to provide adequate medical care provided to the decedent. Plaintiff is suing Warden Brad A. Shoemaker and Deputy Wardens Ryan C. Barnes and Christopher J. Ebner in their individual and official capacities. This Court has previously ruled that ‘official capacity actions are redundant where the entity for which the individuals worked is named,” the motion stated.
“The parties have agreed to dismiss the official capacity claims against Warden Brad A. Shoemaker and Deputy Wardens Ryan C. Barnes and Christopher J. Ebner as duplicative. As defendants’ counsel will require additional time to file defendants’ answer to plaintiff’s complaint upon removal of the official capacity claims, plaintiff’s counsel agrees with a two-week extension and joins this motion. The parties respectfully request this Court to extend the deadline for the defendants’ answer by two weeks, or on or before May 20, 2024. The parties’ counsel are mindful of the Court’s time and calendar, and this extension request is not made for the purpose of undue delay. If granted, this extension request will not prejudice any party or require modification of any other pretrial deadline.”
U.S. District Court for the Middle District of Pennsylvania Judge Matthew W. Brann granted the motion on May 9, dismissing the official capacity claims without prejudice and ordering the answering defendants to file an official answer to the complaint on or before May 20.
For counts of violating federal civil rights claims and state-law medical negligence, the plaintiff is seeking all damages provided under the Pennsylvania Survival and Wrongful death acts, jointly and severally, together with attorney’s fees and costs, and pre- and post-judgment interest.
The plaintiff is represented by Adam S. Getson and Simon Haileab of Wapner Newman Brecher & Miller, in Philadelphia.
The Lycoming County defendants are represented by Frank J. Lavery Jr. and Rebecca McCullough of Lavery Law, in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania case 4:23-cv-02161
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com