×

County jail suit narrows

5 defendants dismissed from 2022 death case

YOUNGSTOWN — A federal lawsuit alleging civil rights violations, medical malpractice and wrongful death in the 2022 death of a man at the Trumbull County jail has been narrowed, with five defendants dismissed without prejudice on Friday, following a stipulated agreement approved by a federal judge.

The dismissed defendants — Trumbull County Sheriff’s Office Maj. Daniel Mason, and corrections officers Robert Dillon, Sean Maskaluk, Elijah Bricker and Randi McElhinny — were removed from the case filed by Kristina McClure, administrator of Colton McClure’s estate.

Colton McClure died at the county jail on Aug. 9, 2022. The case is being overseen by the U.S. District Court for the Northern District of Ohio Judge Benita Y. Pearson. A trial is tentatively scheduled Nov. 18.

The lawsuit, filed Jan. 19, 2024, in district court, claims that former Trumbull County Sheriff Paul S. Monroe, corrections officers and medical staff failed to address McClure’s life-threatening intoxication, leading to his death from hemodynamic instability secondary to anoxic encephalopathy post-cardiac arrest. Toxicology reports confirmed methamphetamine, fentanyl and acetyl fentanyl in McClure’s system.

The complaint alleges that on Aug. 6, 2022, McClure, a 31-year-old pretrial detainee, arrived at the jail visibly intoxicated after his employer at Romeo’s Pizza called 911 due to his erratic behavior, slurred speech and inability to balance. Despite exhibiting symptoms of a medical emergency — including bizarre behavior, staggering and suicidal statements — officers and medical staff, including Officer Gary Musolino and medical assistant Jennifer Bach, allegedly failed to provide immediate medical care. McClure was placed on suicide watch, but not checked every 10 minutes as required by jail policy, nor referred to mental health staff.

Video footage cited in the complaint shows McClure screaming in pain, moving erratically and defecating himself over two days in holding cells, with no medical intervention until 6:27 p.m. on Aug. 7, 2022, when medical assistant Ladaja Thomas attempted to check his vitals, but could not find a pulse. EMS was not called until after further delays, and McClure was pronounced dead two days later at Trumbull Regional Medical Center.

The lawsuit claims defendants violated Trumbull County jail policies and Ohio regulations requiring immediate hospital transfer for severe intoxication.

The case, under federal jurisdiction for violations of the Fourth and Fourteenth Amendments, seeks monetary and punitive damages.

The plaintiff’s attorneys, Kevin C. Riddle and James J. Harrington IV of Fieger Law, argue that defendants, including Dr. Phillip Malvasi and his practice, showed deliberate indifference to McClure’s obvious medical needs. The complaint notes prior lawsuits against Malvasi for similar allegations, yet Trumbull County continued to contract with him.

Defendants, represented by attorneys from Mazanec, Raskin & Ryder and Hanna, Campbell & Powell, have denied the allegations.

Starting at $3.23/week.

Subscribe Today