Wrongful death, survival action counts dismissed in inmate suicide claim
A federal judge found that some counts of a lawsuit filed against Fayette County and various officials should be dismissed, but determined that a jury should decide if those officials showed deliberate indifference to the needs of an inmate who committed suicide.
Shannon Ferencz, mother of 25-year-old Cade Stevens, sued, claiming her son was incorrectly classified upon intake into the county lockup in 2009.
She also claimed that corrections officers failed to take note or take action when Stevens made multiple suicide attempts in his video-monitored cell.
Court documents indicate he made at least two attempts before a third was successful, and that Stevens hung in his cell for approximately 10 minutes.
Ferencz’s attorney, Noah Geary, contends a lack of communication between the county’s medical provider, PrimeCare, and Inmate Classification Committee (ICC) resulted in a failure to put Stevens, who was allegedly suffering from drug withdrawal, on suicide watch.
In addition to the county and its medical provider, former warden Larry Medlock, Warden Brian Miller, guards Geary O’Neil and Barry Simon and counselor Louis Krukowski were named in the suit.
Chief U.S. Magistrate Judge Lisa Pupo Lenihan dismissed the wrongful death and survival action claims against all of the defendants except for PrimeCare.
A portion of that claim against PrimeCare relating to a nurse’s failure to place Stevens on suicide watch was dismissed; however, other facets of the claim remain.
Lenihan’s findings were issued as a report and recommendation, leaving both sides until May 29 to file any objections to her decision.
A second judge will rule on any objections, and then finalize the ruling.