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Inmate assault lawsuit progressing

By Phil Ray 2 min read

A settlement conference in the case of a civil rights lawsuit filed by a former inmate of the Bedford County Correctional Facility will be held on June 23, federal court records show.

Jeffrey Scott Miller, 58, is suing prison personnel who placed him in a cell with an individual allegedly known throughout the prison as being violent and having mental health issues.

Miller, a pretrial detainee, was attacked by his cellmate and was injured so badly that he was flown by medical helicopter from the county prison to a hospital in Pittsburgh for treatment.

He was not returned to the prison for several months after the incident.

In 2018, Miller, who is currently out of prison, filed a civil rights lawsuit against the county and the prison, as well as two former prison employees -- the warden and a corrections officer.

Since then, the litigation has proceeded slowly through the U.S. District Court in Johnstown.

Federal Magistrate Judge Keith A. Pesto handled the initial stages of the case, recommending civil charges against the county and the prison be dismissed.

Pesto, however, determined that the civil cases against the former warden and corrections officer could move forward.

U.S. District Judge Kim R. Gibson recently approved Petso's recommendations and the case has now gone back to the magistrate judge for trial.

In an order filed Monday, Pesto has scheduled a settlement conference for June 23. His order indicates that the parties involved in the case should either be present or available by telephone.

Altoona attorney Christopher R. Jancula is representing Miller while Hollidaysburg attorney Mary Lou Maierhofer represents the former prison personnel.

The lawsuit maintains that Miller's 38-year-old cellmate had made threats against him on a prior occasion and that prison officials were negligent for placing Miller in the cell with the individual at a later date.

The cellmate was sentenced to a term of 15 months to five years for the assault on Miller.

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