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Diocese: Over $2M paid to abuse survivors

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Police: Two intimidated witness in drug case

<p>Luzerne County&#8217;s administration is asking county council to settle litigation filed by an inmate who alleged he was severely injured by a correctional officer in June 2016.</p><p>The matter is up for discussion at Tuesday&#8217;s council work session. However, the county solicitor&#8217;s office has argued settlement amounts don&#8217;t have to be disclosed until council is convened to vote, which would not occur until May 28 if council agrees to proceed.</p><p>According to legal filings in the U.S. District Court, Middle District of Pennsylvania, inmate Edward Hernandez presented the following version of what allegedly happened:</p><p>Hernandez was lodged at the county prison on Water Street in Wilkes-Barre awaiting trial on drug charges June 28, 2016, when prison corrections officer Kristopher Renfer was making rounds in the prison block where Hernandez was housed.</p><p>Smelling marijuana, Renfer investigated and determined Hernandez and his cellmate were the source of the drug and must be drug tested. Hernandez adamantly denied using marijuana, and he and Renfer &#8220;engaged in back-and-forth banter&#8221; and continued &#8220;heated exchanges&#8221; while Hernandez and two other inmates were being moved for drug testing by Renfer and another officer.</p><p>Hernandez maintained he complied with Renfer&#8217;s order to place his hands up against the wall so he could be handcuffed. While both hands were cuffed behind his back, Hernandez asserts Renfer pulled his arms up toward the middle of his back, causing extreme pain due to a prior shoulder injury.</p><p>When Hernandez objected to this treatment, he said Renfer &#8220;unleashed a violent assault upon plaintiff&#8217;s person&#8221; by wrapping his arms around Hernandez from behind, lifting him into the air and slamming him head-first onto the concrete floor.</p><p>&#8220;This was done while plaintiff was already handcuffed behind his back and posed no risk or threat to defendant Renfer, other prison staff or inmates,&#8221; his suit says.</p><p>Hernandez said he sustained a broken neck, a scalp laceration requiring 28 stitches and herniated discs in the cervical region and was transported to Wilkes-Barre General Hospital for treatment.</p><p>In its response, the county disputed much of his description of what happened and provided this account:</p><p>Upon entering the block, Renfer, who is identified as a corporal, smelled the strong odor of marijuana and observed a foggy/smoky haze coming from one cell. He notified a sergeant, and they both investigated after he arrived.</p><p>While responding to the source of the marijuana odor and haze, Renfer and the sergeant observed Hernandez and two other inmates had red, blood-shot eyes and the strong odor of marijuana &#8220;emanating from their person.&#8221;</p><p>The three inmates were brought to the third-floor corridor to await an elevator so they could be transferred to the second floor for testing. Hernandez became increasingly &#8220;upset, angry and irritated&#8221; and then &#8220;verbally aggressive&#8221; and &#8220;more aggressive&#8221; when the inmates and officers were in the elevator, warranting handcuffs.</p><p>When they got off the elevator, Renfer was able to place a handcuff on the left wrist of Hernandez, but the inmate attempted to pull away and became aggressive as Renfer asked the inmate to place his right hand behind his back so it could be cuffed.</p><p>&#8220;Plaintiff continued to resist, struggle, exhibit violent conduct, and disobey orders,&#8221; the county&#8217;s court filing said. &#8220;Due to plaintiff&#8217;s behavior, Corporal Renfer was required to use reasonable and necessary force to take plaintiff to the ground in order to properly and necessarily restrain him.&#8221;</p><p>The council work session agenda said the county&#8217;s outside legal counsel, manager and law division recommend settlement for reasons that had been stated in closed-door executive session.</p><p>If a settlement is rejected, the litigation would proceed to further discovery and eventually a jury trial, resulting in tens of thousands of dollars in additional legal bills, the agenda said.</p><style>
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<div class="neCaption">Luzerne County Prison on Water Street in Wilkes Barre.  </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2019/05/web1_Luzerne_County_Prison.jpeg</photo0><caption0>Luzerne County Prison on Water Street in Wilkes Barre.  </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Jennifer Learn-Andes</p><p>jandes@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.</p></shirttailMeta></div>

Luzerne County settlement of inmate suit proposed