Metro

The warden and seven other employees of the State Correctional Institution in Houtzdale are seeking the dismissal of a federal civil rights lawsuit filed by the mother of a 39-year-old inmate who committed suicide in November 2024.

Diane L. Kauffman of Montgomery County in January filed an amended civil rights complaint against the warden, David Close, three members of the prison’s psychological staff, including a licensed psychologist, a counselor, and psychological services specialist, and seven officers.

In the lawsuit, Philadelphia attorney Dylan T. Hastings contends SCI personnel at Houtzdale had ample warning that Kauffman’s son, Lance W. Heverly, who was serving time for aggravated assault that occurred in Lancaster County, was in distress.

Heverly, who was in the last year of a 10-year sentence, was being held in Houtzdale’s Restricted Housing Unit, and according to the lawsuit, his ongoing isolation was causing his mental health to deteriorate.

Heverly reached out, requesting a psychological evaluation, but prison officials were slow to react, the lawsuit contends.

“Lance clearly articulated (to the psychologist) he had been assaulted, improperly housed with an inmate from whom he was supposed to be separated, targeted by staff, emotionally overwhelmed, and seeking someone to talk to about how he was feeling.

“Nonetheless, no meaningful evaluation, follow-up, referral, monitoring or intervention was undertaken (by the psychologist), according to the federal complaint filed with the District Court in Johnstown.

On Nov. 21, 2024, Heverly’s request to return to the prison’s general population was denied, pending another review in 90 days.

When returned to his cell, he “screamed he was ‘hanging it up,'” according to the complaint.

He then covered his cell window.

After a time, other RHU inmates began to press their call buttons for officers to check on Heverly.

Fifty-eight minutes later, a check revealed Herverly was deceased in his cell.

The lawsuit seeks damages, charging the employees with federal and state civil rights violations including: deliberate indifference by the staff; denial of access to medical care, and intentional infliction of emotional distress (the ligature of Heverly’s death was among the personal items returned to his mother).

The warden was also charged with supervisory liability under the federal civil rights laws.

The defendants, in an answer to the Heverly estate’s complaint, are seeking dismissal of the lawsuit.

Pennsylvania Attorney General David W. Sunday and two of his assistants, Margaret A. Potter and Nicole R. Ditomo, argue that while the Heverly lawsuit contains many allegations, it fails to outline specifically how each of the defendants played a part that led to Heverly’s taking his own life.

For instance, one of the allegations in the Heverly lawsuit is that leadership (Close) was well aware that officers “routinely disregard RHU inmates’ for psychological appointments.”

“Plaintiff’s conclusory allegations against defendant Close stating (he) is responsible for training and is aware of corrections officers disregarding RHU inmates’ requests are insufficient to establish how defendant Close played an affirmative role or personally directed any action and/or inaction.

“Thus all claims against defendant Close should be dismissed,” according to the defense attorneys.

Also, the defense contends that the lawsuit does not specify what parts were played by each of the five officers on duty the day of the suicide.

“Simply being scheduled to work does not establish any of these Corrections Defendants had any actual knowledge, personal direction, or acquiescence in alleged misconduct to establish personal involvement,” according to the defense.

“Thus all claims against these defendants should be dismissed,” the defense answer indicated.

The defense also argued that a lawsuit against the defendants is barred by sovereign immunity concerning state charges of wrongful death and survival claims.

The defense next challenged the deliberate indifference charge against the SCI employees.

Heverly, it points out, was seen by mental health personnel at Houtzdale 11 times during the four months prior to his death.

Only during one meeting did Heverly discuss having a suicidal ideation, and that occurred prior to his incarceration after a breakup where he felt if he had a gun he would have killed himself.

“Defendants submit this single disclosure, does not establish a strong likelihood that Heverly would have committed self-inflicted harm,” the defense stated.

It again noted the claim of deliberate indifference toward Heverly’s alleged deteriorating mental state should be dismissed.

Finally, the defense addressed the claim of supervisory liability.

It stated, “a plaintiff cannot establish personal involvement through generalized allegations that a supervisor is ‘in charge’ or ‘responsible’ for an office.”

The lawsuit must establish the supervisor had knowledge of the situation or knowledge of similar incidents in the past and that his actions in such a situation communicated approval of a subordinate’s behavior — such as the denial of mental health care.

“Plaintiff has not sufficiently pled a supervisory liability claim (against Close),” the defense once again argued.

The state concluded the Heverly lawsuit be entirely dismissed.

The case has been assigned to Magistrate Judge Kezia O.L. Taylor for review. Taylor presides in Pittsburgh.