Former inmate awarded $100,000
Five years ago, Joseph W. Consonery Jr. filed suit over an infected tooth. On Friday, a U.S. District Court jury awarded him $100,000 in a case that now leaves him smiling.
The jury rendered its verdict after deliberating 3 1/2 hours, finding Consonery’s dental condition was a serious medical need.
It found four jail employees – Capt. Michael King, corrections officer Christopher Cain, then-Deputy Warden John Temas and nurse Esther Delsandro – were deliberately indifferent to Consonery’s pain. And though they found the same four individuals acted maliciously or wantonly in denying medical care in violation to Consonery’s Eighth Amendment right prohibiting cruel and unusual punishment, the jurors declined to award Consonery punitive damages.
The jury absolved three others, then-Warden Joseph Pelzer, Senior Captain Edward Strawn and guard John Stapleton, on each of the questions regarding their actions or lack of actions.
Though the jury found the county had a policy, or failed to adopt a policy, that created an unreasonable risk of a constitutional violation to the inmate’s right to medical treatment for a serious need, it did not find this amounted to deliberate indifference.
“They violated my constitutional rights,” Consonery, 49, of Canonsburg, said Friday afternoon. “I’m happy with the verdict. My tooth was fine as soon as I got to (the State Correctional Institution at) Camp Hill and they pulled it.
“It would’ve cost them $1,000 to have the procedure done,” he said of Washington County jail. “And now it cost them $100,000,” he continued. “My attorney, Lawrence Fisher, is going to file with the court for attorney fees and costs which is $116,000, and we’re going to ask the court for interest accumulated over the past five years on the $100,000 verdict, starting from the day I filed the suit.”
Scott Fergus, Washington County director of administration, said he would “not have much of a comment until we have a chance to review the verdict with our legal representatives. In view of the facts, I’m surprised there was a verdict in favor of (Consonery).” Fergus said in his 10 years with the county, “I don’t recall any jury verdicts in favor of an inmate,” although the county has settled some cases without going to trial.
County Solicitor J. Lynn DeHaven said, “We were disappointed with the jury’s verdict.” Attorney Edmond Joyal Jr. tried the case.
Consonery filed a hand-written lawsuit against Washington County and jail officials claiming his requests for dental treatments were denied on multiple occasions while he was incarcerated locally. He was taken into custody Feb. 6, 2009, for a probation violation on a drug possession charge.
Consonery said in the lawsuit, when he arrived at the jail, he informed a nurse there he had an infected tooth and needed a dentist. The tooth later snapped, and Consonery said he experienced bleeding, infection and severe pain. His suit alleged he made nine requests for dental treatment.
Consonery was examined by a physician’s assistant in March of that year and was prescribed an antibiotic. Eight days later, a dentist under contract with the county jail said he was unable to pull the tooth and Consonery should see an oral surgeon.
Consonery claimed 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 Correction Institution at Camp Hill, where he said he received the necessary treatment.
Consonery was released in November 2010 from the SCI-Chester.
Federal Magistrate Judge Maureen Kelly presided over the trial, which began Monday.