Can a Jail Suicide Case Include Claims Arising from Several Suicides?

An order in a recent federal court case addressed when it might be appropriate to divide a jail suicide case filed by several people into separate lawsuits.

In the case of Bush v. Luzerne County, the plaintiffs, who are the personal representatives of the estates of three individuals—Ryan Christopher Bush, Stevie Rae Dickson, and Lynn Yurksha—filed a complaint in the Court of Common Pleas of Luzerne County, Pennsylvania. The lawsuit was later removed to the United States District Court, Middle District of Pennsylvania, by defendant WellPath, LLC. The plaintiffs allege constitutional violations under the Eighth and Fourteenth Amendments, as well as claims under the Americans With Disabilities Act and the Rehabilitation Act.

The decedents, Bush, Dickson, and Yurksha, all died by suicide while incarcerated at the Luzerne County Correctional Facility (LCCF) over a seven-month period in 2021. None of their respective periods of incarceration overlapped with each other.

The defendants, which include Luzerne County and WellPath, filed a motion to sever and trifurcate the case into three separate actions. They argue that the claims arising from the three incidents are factually distinct and do not arise out of the same transaction or occurrence, making joinder improper. The plaintiffs opposed severance, contending that all their claims stem from the same series of transactions or occurrences.

The court considered Rule 20 of the Federal Rules of Civil Procedure, which allows joinder of defendants if claims arise out of the same transaction, occurrence, or series of transactions or occurrences, and common questions of law or fact exist. The court also looked at Rule 21, which permits the court to add, drop, or sever parties at any time. A court has broad discretion in deciding whether to sever parties or claims.

The defendants argued that severance is necessary due to the lack of a sufficient basis for joinder, claiming that the individualized claims involve different facts, issues, defenses, and witnesses. The plaintiffs argued that Luzerne County and WellPath disregarded recommendations regarding suicide prevention and failed to provide adequate healthcare at LCCF. We make no comments or allegation in this post that anyone did anything wrong. We are just reporting about the severance issue.

The court, considering the early stage of the case with no discovery conducted, denied the defendants’ motion without prejudice. The court emphasized the need for further factual development before determining if severance is warranted, stating that keeping the claims together during the discovery phase would not prejudice any party and may encourage efficiency.

Source: Bush v. Luzerne County (U.S. Dist. Ct. M.D. Pa. Dec. 19, 2023)

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