By Peter E. Bortner
Republican & Herald
POTTSVILLE — The mother of a man who died in March 2013 while an inmate in Schuylkill County Prison has sued in federal court the county, its prison board and numerous officials and employees who allegedly contributed to his death.
In a 33-page lawsuit filed Tuesday in U.S. District Court, Sherry Koncsler, Shenandoah, alleged that Matthew Koncsler died from a drug overdose, and that prison employees negligently failed to stop drugs from reaching him.
“Despite video surveillance, the corrections officers failed to detect even one episode of contraband being passed,” the lawsuit reads in part.
Some of the allegations resemble the conclusions a jury rendered at the end of the March 31, 2014, coroner’s inquest into Koncsler’s death — the first such proceeding held in the county in approximately 20 years.
“There was neglect,” the six-person jury concluded.
Sherry Koncsler, who sued individually and as administratrix of her son’s estate, asked for at least $150,000 in compensatory damages, plus punitive damages, attorney fees and costs. She also demanded a jury trial of the case.
In addition to the county, defendants being sued include:
· The county prison board
· Warden Eugene Berdanier
· Primecare Medical Inc., Harrisburg
· Medical Assistant Shannon McShaw
· Licensed Practical Nurses Christine Matz, Tara Hamm, Barbara Bright
· Certified Registered Nurse Practitioner Paula Dillman-McGowan
· Three unidentified nurses
· Correctional Officer Robert Murton
· Three unidentified correctional officers
Matthew Koncsler, 21, of Shenandoah, died at the prison on March 31, 2013, five days after his 21st birthday and exactly one year before the inquest into his death.
He had been an inmate at the prison for four days, having pleaded guilty on March 20, 2013, to delivery of a controlled substance and possession of drug paraphernalia, with prosecutors withdrawing a charge of possession with intent to deliver a controlled substance. At that time, President Judge William E. Baldwin sentenced him to serve three to 18 months in prison.
In her lawsuit, Sherry Koncsler alleged that prison officials showed deliberate indifference to her son from the moment he set foot in their facility.
“Despite a history of multiple drug addictions, Matthew Koncsler was not examined by a physician at any time during his stay at the Schuylkill County Prison,” according to the lawsuit.
The neglect continued for the entire time Matthew Koncsler was behind bars, according to the lawsuit.
“The medical staff and corrections officers failed to properly monitor the inmates, including (Matthew Koncsler),” the lawsuit reads in part. “Defendants are responsible for ensuring the health, safety and well-being of inmates placed under their custody and control, and are responsible for enacting, enforcing and administering appropriate policy, procedure and practices to carry out this function.”
Sherry Koncsler also alleged that while in prison, her son received heroin, which he ingested. She alleged he received the heroin because of the neglect of officials, who did not monitor activity around the cell.
The coroner’s jury had concluded that Matthew Koncsler had died from an accidental drug overdose.
Furthermore, inmates such as Matthew Koncsler, who are undergoing detox and taking medications for it, are particularly vulnerable and would actively try to get illegal drugs, according to the lawsuit.
“It is imperative that the inmates receiving detoxification regimens be monitored closely,” according to the lawsuit. “The medical staff and corrections officers failed to properly monitor the inmates, including (Matthew Koncsler), during the medication administration process.”
Prison officials and employees failed to prevent the passing of contraband between inmates, and did not put Matthew Koncsler in a cell that would prevent the passing of drugs and other contraband to him, the lawsuit reads in part.
Furthermore, defendants’ actions were a deliberate practice and policy of not adequately monitoring such inmates who are undergoing detox, according to the lawsuit.
“As a direct ... result of Defendants’ deliberate indifference to (Matthew Koncsler’s) constitutional rights ... (he) was provided with heroin and other opiate drugs ... resulting in serious physical injury, pain and suffering, mental anguish and death from an accidental overdose,” according to the lawsuit.
In addition to suing on her own behalf, Sherry Koncsler also sued on behalf of her son’s two children, Taylor R., 5, and Savanna M., 3.