Blair County Prison inmates seek to join class action lawsuit over conditions

Suit: County jail conditions ‘cruel and unusual punishment’

While many inmates of the Blair County Prison have recently filed individual lawsuits complaining about the living conditions they must endure, two additional inmates last Friday filed federal petitions to join a class action lawsuit filed against the prison in early October.

The class action petition, which calls conditions at the prison "cruel and unusual punishment," was filed by inmate Donald Earl Meyer of Clearfield, who is awaiting disposition of two active criminal cases.

Meyer's civil rights action in October included the signatures of seven other inmates.

It not only complained about the black mold throughout the facility, but contended the food portions allotted to inmates are "not enough for a grown man to survive on."

Last Friday, two additional inmates filed federal petitions stating they wanted to join Meyer's class action.

One of the inmates, Wesley Paul Mountz, 35, in his motion stated he wanted to join the civil rights complaint "which was filed as a class action lawsuit."

The class action, filed on Oct. 1 in the U.S. District Court in Johnstown, names as defendants several prison officials, including a former warden and corrections officers, two Blair County judges and members of the Blair County Prison Board as well as members of the District Attorney's staff.

Mountz stated his right to equal protection under the law has been violated -- he has not been treated the same as other inmates.

He stated that since he was admitted to the prison on June 26, he was placed in the facility's gymnasium, which is used for housing.

The lights are kept on at all times, and there is no recreation, he stated.

"The plaintiff was subject to having to share one bathroom and one shower with 41 inmates," he stated.

When he sought to file a grievance, he was moved to another block where he also slept on the floor and where mice got into his commissary items and bedding.

A second inmate also requested to become part of the class action.

Benjamin L. Merritts, 28, reported he has been an inmate in Blair County since August 2024 and he stated in a separate petition he "has had his civil and constitutional rights violated."

He, too, was subject to sleeping on the floor of his cell with 14 inmates. The cell was built to hold six inmates, he claimed.

He was later moved to the Restricted Housing Unit.

He complained about the mice in his cell and was told to "deal with it."

Merritts noted he was assaulted by a cellmate.

He stated he was hospitalized from April 19-22 "because of the assault."

"This plaintiff would ask for the allowance to join the civil class action which was filed," he stated in his petition.

The petitions filed by Merritts and Mountz have been referred to Magistrate Judge Keith A. Pesto. Pesto is the same judge who is reviewing the class action filed by Meyer.

The number of inmates joining the class action would be 13 if the two new petitions are included.