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Inmate's mother sues Schuylkill County over death

The mother of a man who died while jailed in Schuylkill County prison has sued the county, officials and employees for at least $150,000 plus punitive damages and legal costs, in federal court, arguing that staff failed to keep a close eye her son as he was being weaned from illegal drugs.

Sherry Koncsler of Shenandoah, filed the suit Tuesday in U.S. District Court, Scranton, on behalf of her late son, Matthew Koncsler, 21, who died on March 31, 2013, as a result of an accidental overdose of drugs.Koncsler was the subject of the first county inquest to be in decades. That inquest, conducted by coroner David Moylan and District Attorney Christine Holman, found on March 31, 2014 that negligence played a role in Koncsler's death.The suit, filed by attorney John R. Kantner of Pottsville, is against the county, its prison board, Warden Eugene Berdanier, PrimeCare Medical, medical assistant Shannon McShaw, Certified Nurse Practitioner Paula Dillman-McGowan, licensed practical nurses Christine Matz, Tara Hamm, and Barbara Bright, three unidentified nurses, correctional officer Robert Murton, and three unidentified correctional officers.County Commissioner and Prison Board President George F. Halcovage Jr. on Thursday referred questions to county solicitor Al Marshall.Efforts to reach Marshall were unsuccessful.According to the suit, Koncsler, the father of a 4-year-old and a 2-year-old, was sentenced on March 20, 2013, to three to 18 months in jail after pleading guilty to possession with intent to deliver, and possession of drug paraphernalia.He reported to the prison on March 27, and was taken to the medical unit for processing on March 28. There, he was seen by McShaw, to whom he admitted being a heavy user of alcohol and Xanax, and was addicted to heroin and a narcotic pain medication.McGowan ordered a detoxification regimen to start on March 29.The detox medications included Tylenol with codeine, and Librium. The suit states that it is "imperative that inmates receiving detoxification medications be monitored closely" to be sure they are swallowing all the prescribed medications and are not taking any other drugs.Koncsler was then placed in a 72-hour medical surveillance lockdown.The suit states that the inmates must be closely watched because they are known to hoard their medications or try to get additional doses to satisfy their addictions."The medical staff and corrections officers failed to properly monitor the inmates, including (Koncsler) during the medication administration process," the suit states.Prison administration was aware of the failure, but did nothing to correct the situation, it states.Koncsler's two cellmates were also in detox. The cell door had an open space at the bottom so items could be passed in or out, and the suit states that Koncsler had gotten items from other inmates this way, including heroin.Despite video cameras, staff were unaware that he had gotten contraband through the cell door and during the medication process, the suit states.At about 11 p.m. March 30, Koncsler complained to his cellmates that he had a headache and pain around his eyes. At some point during the night, one cellmate noticed Koncsler had stopped snoring. He checked and found Koncsler unresponsive, with a purplish color.The cellmates began banging on the door to summon correctional officers. A kitchen worker heard the noise at around 7:30 a.m. and alerted Murton, who checked Koncsler and called medical personnel. Koncsler was pronounced dead at 8:25 a.m.An autopsy found he died of mixed substance toxicity, meaning he had too much of too many drugs in his system.Dr. Carol Ann Littzi, an addiction treatment specialist, said autopsy tests showed that Koncsler had ingested heroin within eight hours of his death.