2005 News

March 22, 2005
FEDERAL JUDGE GRANTS THIRD SUMMARY JUDGEMENT
FAVORING COUNTY OF BUCKS

Citing a lack of evidence to support the plaintiff's claims, federal judge Robert F. Kelly granted a summary judgment in favor of the County of Bucks in a suit filed by Marguerite Butler, mother of inmate Timothy Butler, who died of a pulmonary embolism in Doylestown Hospital in 2001. Butler was an inmate at the county's Men's Community Corrections Centers.

Kelly, a US District Court judge, noted, "There is no evidence that any of the medical staff or prison officials were aware of facts from which the inference could be drawn that a substantial risk of serious harm existed and such an inference was actually drawn. He further stated in his findings, "The record reveals that the prison medical staff were actively treating Butler."

"Judge Kelly's finding reinforces the point that those responsible for the healthcare of our inmates do so conscientiously and with concern," noted Chairman Charles Martin.

This is the third prison-related lawsuit dismissed in favor of Bucks County. In November 2004, a suit against the county was dismissed for lack of merit. Last month, another civil action filed by a prison employee and his spouse also was dismissed in federal court. In all three cases, the judge noted there was no evidence of violations of the individual's constitutional rights.

Attorney James A. Downey, of Begley, Carlin and Mandio, who represented Bucks County in the case, said Butler was treated in Doylestown Hospital for 10 days prior to his death on Aug. 19, 2001. He was continually seen by prison health care professionals in response to his complaints before he was sent to the emergency room for evaluation.

Please call 215-348-6415 for a copy of the March 18 finding.