New judge to hear prison lawsuit

Brown claims officers used excessive force while he was an inmate at county jail

A newly appointed magistrate judge in the Western District of Pennsylvania will preside over a federal civil rights lawsuit filed last summer by a Hollidaysburg man who is seeking damages from several Blair County Prison corrections officers.

Bronson L. Brown, 39, claims the officers used excessive force against him 13 months ago during a squabble that erupted because Brown wasn't prompt as he prepared for an appearance in the Blair County Court of Common Pleas.

In his lawsuit filed with the U.S. District Court in Johnstown, Brown, acting as his own attorney, is asking for more than $1.3 million in financial compensation from four officers and wants an investigation into the operation of the Blair County Prison.

Attorney Mary Lou Maierhofer of Hollidaysburg, in representing the officers, has asked that the lawsuit be dismissed.

She stated that while Brown is contending excessive use of force by the officers -- the right as a pretrial detainee not to be punished -- he has failed to present valid civil rights claims against the officers.

Maierhofer, who represents Blair in many federal court cases, also claimed the officers have qualified immunity against lawsuits that stem from circumstances that arise while they are performing their duties.

In addition, Brown has sued under state law, contending that he was the victim of retaliation for engaging in a spat with officers, claiming he was held in prison for three months even after a judge had ordered his release.

The explanation he received was that his paperwork got "messed up."

Maierhofer points out Brown does not name who was responsible for his extra time in prison.

His lawsuit, brought under the federal Civil Rights Act of 1983, initially was assigned to a magistrate judge in the Western District, but last week it was reassigned to Magistrate Judge Kezia O.L. Taylor of Pittsburgh, who took office late last month.

She will have to review the lawsuit and recommend whether the case should be dismissed or will be allowed to continue toward trial.

Brown, who has so far been denied an attorney, opposes the motion to dismiss his lawsuit.

He points out, "I want to clearly state I am ill-suited in law and the way I presented my claim is wrong but carries merit. ... I feel I have stated a valid claim, just not correctly."

The situation involving Brown occurred about 11:45 a.m. Dec. 22, 2022.

He was told by an officer to get ready for an appearance before a judge in the Court of Common Pleas.

The officer who told him to prepare spoke in a "demanding tone" and Brown became upset as the officer prodded him to hurry up.

He admittedly "stormed" out of his cell, but then instructed an officer to go back into his cell and bring him his shoes.

A second officer indicated Brown should go to the restricted housing unit due to his attitude.

He replied, "then take me to the hole."

By this point, other officers arrived and told Brown to "cuff up."

The spat became even more heated, and Brown maintained he was eventually placed on suicide watch.

He claimed he was wrongfully placed on suicide watch and stated he was repeatedly denied access to legal materials he desired so he could report what was happening to him.

He contended in his lawsuit that he suffered injuries "physically, emotionally and legally."

Brown stated as a pretrial detainee he had a right not to be subjected to excessive force.

State court records show that since 2006, Brown has appeared in the Court of Common Pleas facing more than 20 offenses that included fleeing police, resisting arrest, vandalism and public drunkenness.