WILLIAMSPORT – Lycoming County, its prison and its corrections officials have denied liability for claims alleging they allowed an incarcerated 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.
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.
UPDATE
The defendants filed that answer on May 20, denying the plaintiff’s substantive claims and asserting 18 separate affirmative defenses on their own behalf.
“Plaintiffs have failed to state a claim which would entitle them to any relief against defendants. Plaintiffs have failed to set forth a claim against defendants for any federal constitutional violations. Plaintiffs cannot maintain their survival action and wrongful death claim against defendants. Plaintiffs are not entitled to the recovery of any attorney fees or liquidated damages against answering defendants. Any damages sustained by plaintiff and/or decedent Chaz Turner were not caused by any actions and/or omissions of defendants. Answering individual defendants Shoemaker, Barnes and Ebner are entitled to qualified immunity. Defendants acted in accordance with the Constitution. At all times, decedent Chaz Turner was provided reasonable and appropriate treatment by defendants in accordance with applicable state and federal laws, including but not limited to the United States Constitution and the Constitution of the Commonwealth of Pennsylvania. At no time did defendants demonstrate any indifference, deliberate or otherwise, toward any legitimate and/or serious medical need of decedent Chaz Turner,” the defenses stated.
“Plaintiff’s complaint fails to allege and/or set forth a cognizable claim for a violation of the Constitution under 42 U.S.C. Section 1983 against defendants. Defendants assert immunity from the imposition of damages, which are premised upon negligent conduct, as that term is defined in Davidson v. Cannon. Defendants assert all the defenses available to them under the Civil Rights Act of 1871. No act, action or omission of defendants was the proximate cause or legal cause of any damage allegedly sustained by plaintiff or decedent Chaz Turner and this constitutes a complete defense to the within cause of action. At no time material hereto did defendants act in bad faith or in an unreasonable, extreme, willful, wanton, outlandish, outrageous and/or malicious manner towards decedent Chaz Turner. At no time did defendants fail to provide necessary medical care or otherwise refuse to treat or intentionally maltreat decedent Chaz Turner. At all times, defendants provided decedent Chaz Turner with reasonable and appropriate treatment in accordance with applicable state and federal laws and the United States Constitution and the Constitution of the Commonwealth of Pennsylvania. Defendants assert all defenses and immunities pursuant to the Pennsylvania Political Subdivision Tort Claims Act. Plaintiff’s complaint fails to plead the requisite personal involvement of some or all of the individual defendants.”
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