Magistrate judge allows lawsuit against Blair County corrections officer to continue

Brown files suit over alleged prison beating

A magistrate judge who presides in Pittsburgh has recommended that a lawsuit filed by a former inmate of the Blair County Prison who contends excessive force was used against him by corrections officers be permitted to move forward.

The judge, Kezia O.L. Taylor, in a report and recommendation issued last Friday, dismissed charges against several of the officers named in the lawsuit, but indicated the former inmate, Bronson L. Brown, 42, of Altoona, be permitted to continue his lawsuit against one of the officers involved in the incident that occurred in December 2022.

Brown's initial lawsuit named multiple officers as defendants, but Taylor pointed out that one of the named officers has died.

The civil charges against two other officers were dismissed because the claims against them were barred due to the two-year statute of limitations that applies in this case.

Taylor dismissed the charges against two other officers due to lack of evidence.

The only remaining defendant is an officer who Brown accuses of slamming his head against a shower door, the walls of the shower, and finally slamming him head-first onto the floor of the shower.

Brown at the time was a pretrial detainee, and, as such, was protected under the law from receiving any type of punishment.

In his complaint filed with the U.S. District Court in Johnstown, Brown stated that he suffered multiple injuries during the incident "that were not minor scrapes and bruises."

He reported he suffered swelling and bleeding of his face and his head. He also ended up with a gash on his left ear, a severe shoulder injury -- and a neck brace.

He stated that he suffered from blurry vision and numbness in his right hand.

His complaint states, "The plaintiff suffers from flashbacks, signs of PTSD, neck pains and headaches" and concluded his injuries were caused by the use of excessive force by the officers.

According to the officers in their answer to the lawsuit, Brown was summoned on the morning of Dec. 22, 2022, to get ready for a court appearance, but, in his lawsuit, Brown admitted he began to talk "in a defensive tone and not having enough time to get ready."

That led to a decision by the offices to take him from his cell in D-block to a cell in the Restrictive Housing Unit or, as he described it, -- "the Hole."

It was while on the way to the RHU that the incident turned physical.

Brown's lawsuit has moved slowly through the system.

He has filed two amended complaints, and the defendants have asked his various complaints be dismissed.

District Judge William Stickman referred the Brown lawsuit to Taylor for a recommendation.

In her report to Stickman, Taylor pointed out the question involving Brown's claim is whether the force used against him was "cruel and unusual,"

"Thus, here, (Brown) must show that the force used against him was objectively unreasonable in light of the 'facts and circumstances' presented," Taylor explained.

She noted there are many factors to consider with respect to the Brown lawsuit, including:

n The need for the use of force and the amount of force used.

n The extent of Brown's injuries.

n The severity of the security problem at issue.

n The threat reasonably perceived by the officer, and whether Brown was actively resisting?

n And was Brown actively resisting?

Taylor concluded there are disputes of fact involved in the case that at this point preclude the dismissal of Brown's lawsuit.

Taylor also emphasized that she reviewed prison video of the incident and the question remains: did the force applied in the Brown case violate the Fourteenth Amendment of the Constitution?

The parties to the lawsuit have until Nov. 20 to provide written comments concerning Taylor's recommendation.

Brown is seeking more than $1 million in damages.