Metro

Blair County has asked a federal magistrate judge to dismiss a civil lawsuit filed recently on behalf of an elderly former Blair County Prison inmate from Tyrone who, it is alleged, was attacked and severely injured two years ago by another inmate who had a reputation for violence.

The attack, according to the lawsuit, took place on Oct. 27, 2023, while the victim, aged 78 or 79, was sitting in his cell in the county prison.

It is alleged that inmate Raymond T. Oechsle Jr., awaiting trial for an April 2023 murder in which he was charged with stabbing an Altoona man more than 60 times, entered the cell, and using a self-made weapon, proceeded to stab the inmate.

The inmate-victim suffered severe damage to both his eyes.

Hollidaysburg attorney Thomas K. Hooper, representing the victim, filed a federal civil rights lawsuit against Blair County, the County Prison board, the Prison and his attacker.

The lawsuit is among a spate of federal lawsuits filed recently by inmates and attorneys concerning the conditions at the prison — protesting the extreme violence, overcrowding and a number of other issues occurring in the facility.

The answer on behalf of the county, filed by attorney Mary Lou Maierhofer, contests the charges.

The county’s attorney stated that the prison and Prison Board are no longer part of the litigation, pointing out that they are not considered legal entities and therefore cannot be sued.

However, Blair County itself can be sued because it “owns, maintains and operates” the facility.

The primary argument of the lawsuit is that Oechsle was allowed to roam the prison as a member of the general population despite his reputation for violence.

The lawsuit stated he boasted about his past, telling officers “that he had killed numerous persons and intended to kill again.”

It questioned the decision to place him in the general population.

“The defendant, County of Blair, failed to take steps to ensure defendant Oechsle could not make nor possess a dangerous weapon, negligently allowing defendant Oechsle to make and procure the same and use that weapon in a violent fashion against the (plaintiff) … in complete disregard for the victim’s safety and rights,” the lawsuit stated.

The county’s answer denied there was an incident between Oechsle and the elderly victim on Oct. 27, 2023.

“All allegations of injuries and/or damages are denied in that after reasonable investigation, (the County) lacks information upon which to form an opinion regarding the truth of the same,” the county stated in its answer.

The answer also denied the county showed “deliberate indifference” to violence in the prison.

The lawsuit seeks $450,000 in damages for the victim.

The case is presently under review by United States Magistrate Judge Keith A. Pesto.

The victim is contending his civil rights were violated, contending that the violence that occurred to him was foreseeable and came about due to policies which created “an opportunity for danger.”