A 26-year-old Altoona man who spent more than 1,000 days in the Blair County Prison without trial has sued Blair County and the District Attorney’s Office for violating his speedy trial rights.

James Kelley Johnson-Ross last week filed a federal civil rights complaint against county authorities in which he is seeking compensatory and punitive damages and a court declaration that his constitutional rights have been violated.

Johnson-Ross, representing himself, filed his complaint with the U.S. District Court in Johnstown.

Judge Stephanie L. Haines will preside over the case.

Pennsylvania requires that defendants be brought to trial within a year of the charges being filed.

But, the speedy trial clock is stopped if a delay in a case is caused by the defense, which occurs, for instance, if the defendant files pretrial petitions challenging the criminal charges against him.

Johnson-Ross was arrested on Feb. 4, 2021, along with two other men, on charges of burglary, robbery, assault and conspiracy, as well as other offenses.

According to court records, his case lingered in the Blair County Court system until charges were finally dismissed by Blair County President Judge Wade A. Kagarise on Dec. 1, 2023, or 1,030 days later.

Kagarise concluded that while the defense was responsible for many of the delays in bringing the defendant to trial, the prosecution also did not use due diligence to resolve matters.

The defense, Kagarise pointed out, requested postponement of preliminary conferences and trial list reviews, and presented the court with many motions.

But, as Kagarise explained, the prosecution was responsible for much of the delay.

The defense sought results of DNA testing at the crime scene that it believed was exculpatory.

There was a five-month delay in providing the DNA report to the defense.

The judge noted he did not find any evidence of “bad faith” on the part of the prosecution, but noted, “It appears that the failure to provide this DNA lab report was an oversight.”

Another problem delay occurred when the prosecution provided the defense with a 619-page report on the case — after the conclusion of jury selection.

The prosecution also chose not to answer a defense petition seeking dismissal of charges due to a lack of a speedy trial.

“This court takes no pleasure in dismissing the serious charges in this matter. However, the Court gave the Commonwealth numerous opportunities to act with diligence in the prosecution of this matter.”

In his lawsuit, Johnson-Ross accused the District Attorney’s office of “failing to respond to court orders and motions, including (his) motion to dismiss for violation of his speedy-trial rights.”

“As a direct result of Defendants’ acts and omissions, (Johnson-Ross) was wrongfully imprisoned for approximately four years, lost employment and family opportunities, and continues to suffer emotional and reputational harm,” his lawsuit concluded.

He claims his Sixth Amendment rights to a speedy trial were violated, and that he was denied due process and a fair trial.

Johnson-Ross, however, is not out of jail yet.

His lawsuit was filed from the Northeast Ohio Correctional Center in Youngstown.

He was among 10 people charged federally in July with racketeering activity that stemmed from drug smuggling at the Cambria County Prison.

He is charged in the District Court in Johnstown.

Recently, Johnson-Ross was granted an extension of time to file pretrial motions in his latest case.