The News Journal
A state prison inmate has sued the Department of Correction and five of its employees claiming another inmate brutally beat him while supervision was lax.
Timothy Ward, 42, who is serving three years for armed burglary, also alleges prison officials have largely ignored his resulting medical needs - including eye surgery.
"The Department of Correction believes the lawsuit doesn't fully and accurately detail inmate Ward's medical history. We are eager to present our side of the story in the proper venue," spokeswoman Beth Welch said.
Ward alleges a volatile inmate - who earlier that day threatened to rape a correctional officer - attacked him in July in an outdoor yard while the two officers assigned to supervise the area were inside a locked building working at computers.
His case marks the third time in two weeks that Wilmington attorney Jeffrey K. Martin has filed a U.S. District Court lawsuit against the department. The first case was on behalf of a prison counselor who was held hostage and raped by an inmate two days after Ward alleges he was attacked. The second was by an inmate who alleges he was beaten in May by prison staff.
"The three of them paint a horrible picture of a prison system that is out of control," Martin said.
Prison security has become a key issue in the Delaware governor's race, in large part because of the counselor's rape. Republican candidate Bill Lee said he believes there will be serious consequences to prison understaffing and he wasn't surprised by the lawsuit. "I think we're probably seeing the tip of the iceberg," he said.
Minner campaign spokes-man Greg Patterson disagreed. "There are dozens and dozens of prisoner lawsuits filed each year," he said. "You have to wonder whether Mr. Lee thinks all of them have merit."
Frank Infante, the Independent and Libertarian parties' candidate, could not be reached.
Ward alleges there were no medical personnel present in the Delaware Correctional Center infirmary to examine the inmate he claims attacked him. He alleges that officers had taken the inmate to the infirmary after the inmate threatened to rape a correctional officer and had kept much of a prison tier awake the night before with noise.
The trip to the infirmary increased the inmate's agitation and he was then released into a prison yard where Ward and about a dozen other inmates were, according to the lawsuit. Martin said the attack on Ward was unprovoked and so severe that prison officials began taking pictures because they thought Ward was dead.
Then an inmate heard a gurgling sound coming from Ward's throat.
Ward's injuries included a broken nose, dislocated jaw, shattered eye socket and broken and knocked out teeth, according to the lawsuit.
The lawsuit also alleges the department has done too little to provide Ward the ongoing medical care he needs, including giving him pain medication. Ward seeks unspecified damages and a court order that he get the pain medicine and surgery he requires.
Contact Mary Allen at 324-2794 or mallen@delawareonline.com.
