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A federal magistrate judge has recommended that a civil rights lawsuit filed by a former inmate of the Blair County Prison, claiming officials failed to protect him from other inmates, be permitted to move forward -- at least in part.
Vasilios Pentsas, 37, of Altoona was arrested in November 2020 for killing Andrew Ozio, 29, in an alley on the 100 block of Crawford Avenue.
The shooting incident allegedly occurred over a $440 marijuana deal.
Pentsas was allegedly upset with the quality of maijuana Ozio had given him and refused to pay for the merchandise.
Ozio, it was reported during Pentsas' guilty plea hearing in July 2022 before Blair County Judge Wade A. Kagarise, went to Pentsas' home to collect the money but when he found out Pentsas was not at his residence, he assaulted a friend of Pentsas' who was working in his garage.
When Pentsas learned of the incident, he went looking for Ozio and, finding him, used a .40-caliber handgun to shoot Ozio in the head, neck and chest, killing him.
He was sentenced to a prison term of 12 to 30 years, to be followed by probation.
Pentsas, who is incarcerated in the State Correctional Institution in Fayette County, last August filed a federal civil rights lawsuit contending that while awaiting disposition of his case in the Blair County Prison, he was removed from protective custody and placed in a cell in Block D.
His cellmate, he alleges, was a relative of Ozio's.
He said both he and a counselor had warned a prison official that there was a substantial probability he would be attacked.
Once in his new cell, he reported in his lawsuit, a group of inmates "flooded" into the cell and attacked him.
"Plaintiff," Pentsas stated, "was assaulted and battered within fifteen minutes of the move."
Upon leaving the cell, he reported, one the attackers stated, "That was for Ozio."
Pentsas said he struggled to reach the prison Day Room, where he pushed a call button seeking help.
After the alleged assault, he said he was placed in medical segregation, treated with anti-inflammatory drugs and given a bag of ice.
The Pentsas lawsuit names as defendants the prison warden, the company that provides medical service to the inmates, PrimeCare Medical of Harrisburg, and the prison officer who allegedly ignored warnings about a possible attack.
Pentsas maintains the warden, Abby Tate, is responsible for the training of her staff.
He contends in his lawsuit that PrimeCare's treatment was deficient and indicates he now wants additional medical treatment for his jaw.
He also claims the officer who he alleges had his cell changed ignored warnings about the possible danger he was in.
U.S. District Judge Stephanie L. Haines sought review of the lawsuit by Magistrate Judge Keith A. Pesto in Johnstown.
Pesto in his report and recommendation stated, "Common sense says the complaint against (the officer) deserves to go forward but that the other two defendants (the warden and PrimeCare) are only along for the ride and should not be faced with the costs of litigation."
In his report, he stated the warden does not "have vicarious liability for any civil rights violations by subordinates, including her employees."
He explained that being responsible for the overall operation of the prison "is not personal participation in any subordinate's actions."
Referring to PrimeCare's treatment, Pesto noted, "Pentsas has become convinced that his medical care was inadequate, but he fails to allege facts from which anyone could conclude that anyone connected with PrimeCare thought so in June 20-21."
As to Pentsas' contention that he needs further treatment for his jaw, Pesto stated in his report, "it bears repeating that after two years of reflection there is no allegation that Pentsas needed something so far beyond a bag of ice that it amounted to a serious medical need."
Pentsas was given 14 days to respond to Pesto's report.
Court records indicate no response so far.
It will be up to the judge whether to accept the recommendation of the Magistrate.