County, jail staff will head to trial in dental care suit
Washington County and six jail officials will head to trial after losing their appeal Friday in federal court in a case brought against them by a former inmate over dental care.
Joseph Consonery Jr., 48, of Canonsburg, was taken into custody Feb. 6, 2009, for a probation violation on a drug possession charge, and was housed in county jail.
Consonery said in the lawsuit that when he arrived, he informed a nurse at the jail he had an infected tooth and needed a dentist. The tooth later snapped, and Consonery said he experienced bleeding, infection and severe pain. He made nine requests for dental treatment.
Consonery was examined by a physician’s assistant in March of that year and prescribed an antibiotic. Eight days later, a dentist under contract with the county jail said he was unable to pull the tooth, and that Consonery should see an oral surgeon.
Consonery claims then-warden Joseph Pelzer denied him a furlough from the county jail so he could have the tooth extracted.
Washington County Court resentenced Consonery to serve 15 to 30 months, and he was placed in the custody of the state Department of Corrections. On June 11, 2009, he was transferred to the state prison at Camp Hill, where he said he received the necessary treatment.
Consonery was released in November 2010 from the state prison at Chester in Chester County. While incarnated, Consonery said he filed the initial lawsuit, on his own. He eventually had an attorney, Lawrence Fisher of Pittsburgh, appointed to represent him.
Fisher said the case went before a federal court judge; however, the county and jail officials appealed before a final judgment was entered, claiming immunity from legal action.
Fisher said part of the appeal was dismissed because of a lack of jurisdiction, but the 3rd Circuit Court of Appeals affirmed those involved were not immune from being sued.
“They are not entitled to immunity,” he said. “They have to answer to the claims.”
Fisher said the infection could have killed Consonery. Attorney Edmond Joyal Jr., who is representing the county and the officials, did not return calls seeking comment.
Fisher said a trial date has not been set.