Inmate suing guard previously charged with abuse
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A state prison inmate has filed a civil lawsuit against suspended corrections officer Harry F. Nicoletti and others alleging physical and sexual abuse and indifference by higher-ups.
The prisoner is not named in the federal lawsuit, which accuses Mr. Nicoletti of offering him a choice of sexual acts, but does not detail the assault that it alleges followed.
It also names as defendants another corrections officer, a captain and four former top prison administrators. It said they knew or should have known about the alleged abuse.
Mr. Nicoletti, 60, of Coraopolis, also is the central figure in two other civil lawsuits alleging abuse and faces 89 criminal counts. He has denied the allegations.
"They're just frivolous lawsuits," said Steven Townsend, an attorney for Mr. Nicoletti. "Where there's one inmate trying to make a dollar on the case, the rest of them will try to jump on the bandwagon."
The Department of Corrections and the Pennsylvania State Corrections Officers Association each have declined to provide or pay for Mr. Nicoletti's defense.
"It's unfortunate, and I would hope that they would reconsider after seeing the actual allegations," Mr. Townsend said. He noted that at preliminary hearings stemming from criminal charges against Mr. Nicoletti and other corrections officers, some inmate accusers have recanted or provided conflicting testimony.
Governments often represent employees accused in civil lawsuits.
"If it is believed that the employee's actions were in line with their job duties and what is expected of them to perform their jobs, then the department would have to represent them," said Susan McNaughton, a spokeswoman for the department. "But if it is something outside of their job duties, the department would not defend them."
The PSCOA "doesn't provide representation for criminal or civil defense," said that union's spokesman, David La Torre.
The lawsuit filed Thursday seeks compensatory and punitive damages.
Accusations of abuse of inmates on SCI Pittsburgh's F block led to the suspensions of nine corrections officers and the dismissal of the prison's top officials. Seven of the officers were charged criminally, though two have had all charges dismissed. Three of the four top officials have sued the department, saying they were fired at the behest of the PSCOA because they cracked down on overtime payments.
First Published February 11, 2012 12:00 am
