Judge rejects inmate complaint, allows suit against guard

Pentsas claims corrections officer allowed jail cell attack

A federal judge has dismissed a civil rights complaint brought by a former inmate of the Blair County Prison against the warden and the company that provides medical care at the facility, but let stand charges that a corrections officer permitted other inmates to carry out a revenge attack against him.

U.S. District Judge Stephanie L. Haines, in a recent opinion, ruled that Vasilios Pentsas, 38, of Altoona failed to state a valid legal claim against Warden Abbie Tate and PrimeCare Medical Inc. of Harrisburg.

However, she indicated that Pentsas could proceed with his lawsuit that included allegations that a corrections officer "caused or permitted" other inmates in June 2021 to go into Pentsas's cell in D-Block and carry out an attack.

In his lawsuit, Pentsas stated the prisoners who attacked him were friends of an Altoona man whom he shot to death in November 2020.

Pentsas was arrested by city police for killing Andrew Ozio, 29.

The two men were at odds over a $440 marijuana deal and on the morning of the shooting, Ozio allegedly went to the Pentsas home to collect money he thought he was owed.

When not finding Pentsas at the home, he allegedly attacked another man working in the garage.

Pentsas, upon learning of the incident, went looking for Ozio.

The prison fracas that was the subject of the civil rights lawsuit occurred while Pentsas was a pretrial detainee in the Blair County Prison.

Pentsas eventually pleaded guilty to third-degree murder and was sentenced to a state prison term by Blair County President Judge Wade A. Kagarise.

He presently is serving his time (12 to 30 years) in the State Correctional Institution Fayette County.

Pentsas continues to pursue his civil rights action, but late last year, U.S. Magistrate Keith A. Pesto recommended that the civil rights charges be dismissed against the Warden and PrimeCare.

Judge Haines earlier this month adopted Pesto's recommendation.

Pentsas brought his lawsuit under the Eighth Amendment to the Constitution, contending that what occurred to him in prison was a violation of the constitutional bar against cruel and unusual punishment.

Haines emphasized in her opinion that Pentsas did not claim that Tate had anything to do with moving him from one section of the prison to D-Block where alleged friends of the victim were being housed.

The judge explained that while the warden is in charge of the prison, "she cannot be held vicariously responsible for civil rights violations of her subordinates."

Pentsas reported that as a result of the attack, he suffered a severe concussion, a black eye, a sore jaw and damage to a tooth.

He charged that PrimeCare was lax in its treatment of the injuries.

Haines explained prison officials are required to provide "basic medical treatment" to inmates.

PrimeCare treated Pentsas with painkillers and ice to reduce the swelling.

"There is no information provided by the plaintiff to state further medical care was needed or that PrimeCare was indifferent to his needs," according to the judge's opinion dismissing the charges against the company.

Haines also rejected any attempt by Pentsas to amend his complaint.

The only remaining defendant is the corrections officer who moved Pentsas to D-Block and, who, Pentsas charges, moved him from protective custody and placed him in a cell with a member of the victim's family.

"Within 15 minutes of the placement in D-Block, a group of inmates flooded the cell and Pentsas was physically attacked," the lawsuit contends.

Pentsas had two weeks to challenge Pesto's recommendation.

He did not file an answer, and Haines adopted Pesto's recommendation.

Haines has now returned the case to Pesto for further proceedings.

Pesto last week ordered Pentsas to file a new complaint against the remaining defendant.

The legal action by the inmate is authorized under the Prison Litigation Reform Act.