Mizner Law Firm Cases
The Mizner Law Firm has represented clients from all walks of life, helping them find justice.
Civil Rights Cases
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Serious Injury & Death Cases
(Erie County Court of Common Pleas) - Represented the family of a baby boy who died shortly after birth when doctors and nurses failed to take appropriate measures to save the baby’s life in response to signs that the baby was in distress during the mother’s labor. Reached a significant settlement for the Smiths.
(United States District Court for the Western District of Pennsylvania) - Represented a young mother whose baby boy was stillborn after medical personnel repeatedly failed to adequately address her concerns about troubling symptoms she was having. Reached a major settlement with the health care providers for the parents.
(United States District Court for the Western District of Pennsylvania) - Represented the families of two women who died in a fire in a duplex rental home enrolled in the Section 8 housing program in a wrongful death and civil rights lawsuit seeking damages for their losses. Reached a significant settlement with the landlord of the property.
(United States District Court for the Western District of Pennsylvania) - Represented the family of a man who died of head injuries after falling down the stairs at a home owned by the Housing Authority of the City of Erie in for violations of the Rehabilitation Act, the Americans with Disabilities Act, and the United States Constitution. Reached a meaningful settlement for the Santiago family with the Housing Authority.
(United States District Court for the Middle District of Pennsylvania) - Represented a man who suffered from a severe case of malignant B-cell lymphoma after a seven-month delayed diagnosis of his condition by doctors in a medical malpractice and civil rights case. Reached a very significant settlement for Mr. Shattucks’ family.
(United States District Court for the Western District of Pennsylvania) - Represented a man with a suspicious lump on his leg which medical providers ignored for months on end that was ultimately discovered to be a cancerous sarcoma. Reached a significant settlement for Mr. Reeves.
(Erie County Court of Common Pleas) - Represented a man whose foot ulcers were so mismanaged that he was forced to undergo amputation, to save his life. The medical malpractice case was resolved with a confidential settlement in favor of Mr. Kuhar.
(United States District Court for the Western District of Pennsylvania) - Represented a man in prison, whose cancer went undiagnosed until it was already in Stage Four. Filed suit alleging deliberate indifference to the man’s right to adequate medical care under the Eighth Amendment, as well as professional negligence, and the case was successfully resolved by a confidential settlement in favor of Mr. McGovern’s family.
(United States District Court for the Western District of Pennsylvania) - Represented a man incarcerated in the Erie County Prison, who has denied proper post-surgical care, eventually causing a partial amputation of his hand. The prison medical providers settled the claims of deliberate indifference as well as professional negligence.
(United States District Court for the Western District of Pennsylvania) - Represented a United States Army and Vietnam War veteran in a lawsuit against a corrections officer who savagely attacked him while in custody, causing a near-fatal traumatic brain injury. Reached a settlement with the officer.
(United States District Court for the Western District of Pennsylvania) - Represented a man in prison who presented with classic indications of cancer, but which the medical staff failed to diagnose as Hodgkin’s Lymphoma until it reached Stage Four. The prison medical providers settled the claims of deliberate indifference to the man’s Eighth Amendment rights, as well as professional negligence, to avoid a trial.
(United States District Court for the Western District of Pennsylvania) - Represented a man in prison with chronic Hepatitis C, who was denied both appropriate treatment and the required monitoring of his condition. He developed hepatocellular cancer, which is known to be caused by chronic Hepatitis C, and which went undiagnosed for months because the prison medical staff failed to conduct monitoring as the standard of care required. The Department of Corrections and the prison medical providers settled the claims of deliberate indifference and professional negligence.
Mizner Firm News Case Coverage
Inmate, Caine Pelzer, 45, entered solitary confinement in 2009 for gang-related assaults, records show. He sued Pennsylvania Department of Corrections over restricted status when he was at SCI Albion.
Kelvin Jefferson led men's basketball team at Gannon University for four years when he was let go in 2023. He claimed breach of contract, which downtown Erie school denied.
Westmoreland commissioners have approved a $150,000 settlement to end a federal lawsuit filed by a New Mexico man who claimed county jail guards brutally beat him two years ago.
A federal civil lawsuit by a former Westmoreland County Prison inmate who was assaulted by a guard last year claims incident reports filed by a dozen other jail staffers contained no mention of the beating.
The out-of-court settlement a Cochranton-area man’s federal civil rights lawsuit brought against two Crawford County corrections officers cost $210,000.
Robert Furgess, a disabled inmate, claims he went three months without a shower in the prison’s restricted housing unit.
An out-of-court settlement for an undisclosed sum has been reached in a federal civil rights lawsuit brought against Crawford County and two county jail corrections officers for the alleged beating of an inmate by guards.
A $1.1 million settlement will end the legal fight between Erie County and the family of a work-release inmate who died in May 2018 after suffering an asthma attack while in the county’s custody.
DA says he asked state police to investigate the July 8 incident at the Crawford County Correctional Facility.
One of the owners of the doughnut shop says there are ‘irreconcilable’ differences between her and her business partner.
Lawsuit claims April Corritore’s death could have been prevented with proper medical care at the Erie County Prison.
Family claims corrections officers repeatedly refused to call 9-1-1 after Felix Manus suffered severe asthma attack.
The 49-year-old inmate claims the prison discriminated against him because he has a disability.
Millcreek Township ended a flap over political signs in September, when the township withdrew a $12,000 civil claim against Republican state Senate nominee Dan Laughlin, who went on to win the race in the 49th District.
The decision in U.S. District Court for the Western District of Pennsylvania on Wednesday could mean that secondary creditors will wait longer to be paid, or might not be paid at all. The decision awards a $611,000 insurance settlement to the company that operated the park Beach Club, reversing a December decision by U.S. Bankruptcy Judge Jeffery Deller awarding $478,261 of the settlement to local taxing authorities.
(Erie County Court of Common Pleas) - Represented the family of a baby boy who died shortly after birth when doctors and nurses failed to respond to signs that the baby was in distress during the mother’s labor by taking appropriate measures to save the baby’s life. Reached a major settlement for our client without the need for a trial.