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Civil Rights

Estate of Manus v. Erie County

(United States District Court for the Western District of Pennsylvania) - Represented the estate of a man who died in custody after suffering an asthma attack while on a work release detail in Erie County. The corrections officers repeatedly failed to call for emergency medical assistance or take him to a hospital, a violation of his Eighth Amendment rights. The case was settled for in excess of one million dollars.

Gibson v. Crawford County

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man who was assaulted by a corrections officer while he was locked in a cell at the Crawford County Prison, resulting in facial fractures. Mr. Gibson sued for excessive force in violation of the Fourteenth Amendment, and the case was settled for more than two hundred thousand dollars.

Allen v. Erie County

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man who was violently assaulted by two inmates at the Erie County Prison, after Erie County had been repeatedly warned by Mr. Allen that he was in danger because the two inmates were threatening him. Mr. Allen filed suit for the County’s failure to protect him under the Eighth and Fourteenth Amendments, and the case was settled in his favor.

Buehl v. Wexford Health Sources

(United States District Court for the Middle District of Pennsylvania) - Represented an incarcerated man, whose medications for chronic pain were discontinued due to a prison policy of not prescribing narcotics. Mr. Buehl sued for violations of the Eighth Amendment and medical malpractice, and the case was settled in his favor.

Cooleen v. Lamanna

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man who was injured while in prison, and was denied medical treatment and access to required specialists. Mr. Cooleen sued for violations of the Eighth Amendment, and the case was settled in his favor.

Curtician v. Correct Care Solutions

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man who suffered from an uncorrected hernia for nearly twenty years, all because the prison policy was to not repair a hernia until it became a medical emergency. Mr. Curtician sued for violations of the Eighth Amendment and professional negligence, and the case settled in his favor.

Furgess v. PA Department of Corrections

(United States District Court for the Western District of Pennsylvania) - Represented a handicapped incarcerated man who was denied a shower for three months, because he was in an area of the prison which did not have a handicapped shower. Mr. Furgess sued for violations of the Americans with Disabilities Act (“ADA”), and after the Third Circuit confirmed that denial of access to a handicapped shower violated the ADA, the case settled in his favor.

Estate of Griffin v. PA Department of Corrections

(Mercer County Court of Common Pleas) - Represented the estate of an incarcerated man whose oxygen tank was removed by two nurses without a doctor’s order, who immediately suffered low oxygen in his blood, had to be sent to the hospital and passed away a few weeks later. The Estate sued for negligence, and the case was settled in its favor.

Guthrie v. Police Officer Guthrie

(United States District Court for the Western District of Pennsylvania) - Represented a man who suffered a seizure at home in his bed. His wife called 911, and two police officers entered his home and arrested him while he was having the seizure, breaking his hip. Mr. Guthrie’s suit for illegal seizure in violation of the Fourth Amendment, and excessive force in violation of the Fourteenth Amendment was settled in his favor.

Haskins v. Corizon Health, Inc.

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man who suffered a sudden loss of vision, a medical emergency, yet who was not taken to see an opthamologist for over a month. He was diagnosed with a detached retina, which needed to be treated immediately to have a chance to restore his eyesight. Mr. Haskins’ suit for violations of the Eighth Amendment, as well as for professional negligence, were settled in his favor.

Kelly v. Police Officer Kowalski

(United States District Court for the Western District of Pennsylvania) - Represented a man who was accosted by a police officer, who drew his gun and placed it against his head while he was seated in his car. The Mizner Law Firm filed suit for violations of the Fourth Amendment, as well as for intentional infliction of emotional distress, and the case settled in Mr. Kelly’s favor without need for trial.

Jeffries v. Wexford Health Sources

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man who underwent oral surgery to remove several teeth. The surgery was performed negligently, and medical molding material was forced up into his sinus. Although the prison medical staff was aware of this issue, it was characterized as “non-emergent” and he did not receive surgery to have the material removed until massive amounts of bloody pus began flowing from his nose, over two months later. Mr. Jeffries' claims for violations of the Eighth Amendment and professional negligence was settled.

James v. Correct Care Solutions

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man who injured his knee and suffered from a delayed diagnosis for over two years, until he was finally told he had a torn meniscus and fracture, and would require surgery. Mr. James' suit for Eighth Amendment violations and professional negligence was settled in his favor.

Johnson v. Secretary of Corrections Wetzel

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man who was intentionally kept in solitary confinement for over seventeen years by the PA Department of Corrections, in violation of his Eighth Amendment right to no cruel or unusual punishment, and his due process rights under the Fourteenth Amendment. He is out of solitary confinement and he received substantial compensation to settle his case.

Klinger v. Monitor Mayo

(United States District Court for the Western District of Pennsylvania) - Represented a man who was intentionally locked out of an Erie County correctional facility at night in January, wearing only sandals and light clothing. He suffered frostbite and had all his toes amputated, and sued for violations of his Eighth Amendment rights. The case was settled favorably for Mr. Klinger.

Lauderbaugh v. Corrections Officer Rascon

(United States District Court for the Western District of Pennsylvania) - Represented a man who was assaulted by corrections officers at the Lawrence County jail. The Mizner Law Firm filed a claim for excessive force and violations of the man’s due process rights, in violation of the Fourth and Fourteenth Amendments. The case was settled in Mr. Lauderbaughs’ favor, without need for trial.

Lewis v. Wexford Health Sources

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man whose medications for his chronic pain were discontinued by the prison medical staff due to a new policy that no longer allowed for narcotic pain medication. Suit was filed alleging that this non-individualized medical treatment violated the Eighth Amendment, and the case was settled in the man’s favor, without need for trial.

Miller v. Superintendent Sauers

(United States District Court for the Western District of Pennsylvania) - Represented an incarcerated man who was assaulted by corrections officers in his cell, including being tasered in the rectal area, in retaliation for him asking to speak to a supervisor. Mr. Miller sued for excessive force in violation of the Eighth Amendment and retaliation under the First Amendment, and the case was settled in his favor.

Montefiori v. Millcreek Township

(United States District Court for the Western District of Pennsylvania) - Represented a man who was subject to overly restrictive township ordinances governing the placement of political signs in his yard. The Mizner Law Firm filed suit for violation of his First Amendment right to free speech, and the case was settled in favor of Mr. Montefiori and the Township changed it's Ordinance.

Mutzabaugh v. Wexford Health Sources

(Court of Common Pleas of Huntingdon County) Represented an uncarpeted man who suffered a lengthy infection after undergoing surgery, requiring a second operation. Mr. Mutzabaugh sued for professional negligence, and the case was settled in his favor.