Inmate suicide lawsuit to move forward

Judicial review recommends dropping one charge in case

A magistrate judge reviewing a federal lawsuit filed by the mother of an inmate who committed suicide while in the State Correctional Institution at Houtzdale has recommended the dismissal of a "deliberate indifference" charge against prison officials, but has indicated a charge of "denial of access to medical care" should move forward.

The recommendations were made last week by Magistrate Judge Kezia O.L. Taylor, who presides in Pittsburgh.

The lawsuit came about due to the untimely death of 39-year-old Lance W. Heverly, who was nearing the end of a 10-year sentence while at SCI Houtzdale.

Heverly, who was being housed in the prison's Restricted Housing Unit, had expressed displeasure at a decision on Nov. 21, 2024, to keep him in the RHU rather than allowing him back into the general prison population.

The lawsuit brought against the prison officials indicated that Heverly made numerous requests in September, October and November to speak to mental health professionals, but the lawsuit claims those requests were largely ignored.

After his request to move into the general population was rejected, Heverly, in frustration, allegedly stated, "I'm hanging it up."

At that point, he shut himself in his cell, covered the window with cardboard and allegedly ended his life.

The lawsuit was filed by his mother, Diane L. Kauffman, who lives in eastern Pennsylvania.

The attorney who filed the lawsuit, Dylan T. Hastings of Philadelphia, indicated the term "hanging it up" is a well-recognized colloquialism signaling an urgent risk of self-harm.

The lawsuit named SCI Superintendent, David Close, and numerous medical personnel and correction officers as defendants.

In answering the lawsuit, the defendants denied Heverly's requests for help were ignored.

They sought dismissal of the lawsuit.

The civil action charged that prison personnel demonstrated deliberate indifference toward Heverly's requests for help.

Also, Superintendent Close was charged with Supervisory Liability, focusing on a prison policy that inmates could not seek help in writing, but had to make a request by approaching an officer.

U.S. District Judge Stephanie L. Haines sought review of the lawsuit by Taylor, who last week issued her report and recommendation.

"As currently pled, the deliberate indifference claim fails," she stated in her 23-page report.

The legal complaint, Taylor stated, did not show that Heverly had a particular vulnerability to suicide.

He may have stated he was "hanging it up," but there is no indication that any of the defendants heard him say that, and Taylor contended, "nor is it enough to show that they knew, or should have known, of his impending suicide."

The complaint showed no allegations that Heverly disclosed his need for emergency medical care or that his requests were ignored, Taylor continued in explaining her recommendations.

However, Kauffman in her lawsuit disputed those conclusions, stating that Heverly had filed 18 grievances and a dozen verbal requests for an emergency psychological appointment in the two weeks prior to his suicide.

Taylor concluded, "Even assuming that the verbal requests were made and ignored, this still does not rise to the level of deliberate indifference on the part of the Corrections Defendants because (Heverly) had access to and participated in, counseling in the weeks that (his mother) alleges requests were made and ignored."

"Deliberate indifference is a high bar," Taylor explained.

The magistrate judge recommended the deliberate indifference claim be dismissed.

She suggested, however, that Hastings, on behalf of the mother, be given the chance to file an amended complaint to correct the alleged insufficiencies.

The charge that Heverly was denied medical care stems from his alleged numerous requests for mental health assistance.

That charge should proceed to discovery (a legal process to investigate the truth of the allegations), Taylor recommended.

Both sides have two weeks to challenge Taylor's recommendations, at which point it will be up to Judge Haines to decide if the lawsuit can move forward.