By Wayne Laepple
WILLIAMSPORT — A federal judge presiding in a civil lawsuit stemming from the suicide of Ryan Francis in the Northumberland County Prison in March, 2006, has ruled that the medical malpractice and wrongful death case against psychiatrist Dr. Frederick Maue should proceed toward an October trial.
The judge dismissed several counts in the suit against Northumberland County, some of the claims against Dr. Maue and some of Maue’s complaints against the county. The county has already agreed to pay $360,000 to settle its portion of the lawsuit.
Contained in the 59-page order is extensive testimony that reveals that the suicide of Ryan Francis while in the custody of Northumberland County Prison might have been avoided if the psychiatrist and prison workers had communicated more effectively. Several prison employees, including a shift commander, the prison nurse and at least one guard, misunderstood or never received an order from Dr. Maue indicating Francis was to be placed on suicide watch.
Maue, for his part, apparently did not understand the difference between “close watch” and “constant watch” in the context of prison procedures. His order put Francis on close watch. Close watch requires periodic observation, every 15 minutes, while constant watch means continuous visual observation.
Maue believed that Francis was suicidal and tried to have him transferred to Sunbury Community Hospital’s psychiatric wing. However, because there were charges pending against Francis, the hospital would not accept him. An attempt to place him in a state hospital also failed since there was a five-month wait for a bed.
Maue told Lt. James Bruce, the watch commander, to keep Francis on close watch, but he did not mention that Francis exhibited suicidal behavior, so Bruce did not order more intense observation that night.
Patti Wojcik, prison nurse, examined Francis the next morning, but she was not made aware that he was suicidal. At the completion of her examination, Brian Wheary, a prison guard, asked if the close watch could be terminated, and since the documents from Dr. Maue requesting the 15-minute watch did not reference suicide, she believed the watch was the customary new commitment watch, she told Wheary it was all right to end the checks.
Logs kept by guards did not indicate any suicide watch, but rather that the 15-minute checks on Francis were for new commitment.
On March 9, when Francis’ cell mate was taken to a court proceeding. Francis was given medication at 1:23 p.m., and about 17 minutes later, during shift change count, Francis was discovered hanging by a bed sheet from a window frame.
The initial suit against Northumberland County and Dr. Maue was brought by Bonnie Francis, Ryan Francis’ grandmother, on behalf of his estate.
Judge John E. Jones III rendered his order on July 7, in which he acted on five motions. In a 59-page opinion, Jones granted motions to supplement or amend testimony already given by county defendants and Dr. Maue. By doing so, Jones gave several employees of Northumberland County Prison and Dr. Maue the opportunity to provide addition testimony after a settlement was reached between Bonnie Francis and the county. In that settlement, reached on April 30, 2009, Francis agreed to dismiss all claims against Northumberland County in exchange for $360,000. Maue did not participate in or contribute to that settlement, however.
Jones granted the county’s motion to summary judgement based on the settlement. The settlement, however, reserves the right of the county employees to pursue claims against Dr. Maue.
Jones granted part of the Northumberland County-Dr. Maue motion to summary judgement but denied other portions. Dismissed were claims by Maue against Ralph “Rick” Reish, Northumberland County Prison warden, claims by Maue that prison employees were not properly trained or supervised by Reish, Maue’s wrongful death assertion against Reish, a claim for punitive damages by Maue against the county and Reish, and indemnity claims by Maue against the county and Reish.
Jones denied summary judgement in Maue’s claim of inadequate care for Francis, medical malpractice and wrongful death claims against Maue by Bonnie Francis, and an indemnity claim against Maue by Francis.
All “John Doe” defendants, unnamed county employees, were dismissed from the action, as were all of Dr. Maue’s counterclaims.
The remaining portions of Maue’s case were placed on the October 2009 trial term, with jury selection in the case set for Oct. 5.
