CHARLESTON – The estate of a former Mount Olive inmate says improper supervision and care led to his suicide in prison.
Rhonda Risden, as administratrix of the estate of Spencer Robert Risden Jr., filed her complaint in Kanawha Circuit Court against the West Virginia Division of Corrections and Rehabilitation, John/Jane Doe employees, PSIMED Corrections LLC and Wexford Health Sources Inc.
PSIMED provides health services, including mental health services, to inmates in the state prison system, and Wexford also provides health services to inmates.
According to the complaint, Spencer Risden was incarcerated at Mount Olive Correctional Complex in Fayette County on October 6, 2019. He was serving two consecutive sentences of 1-10 years and one concurrent sentence of 1-5 years for grand larceny and delivery of a controlled substance. He was granted parole four times, each time it was revoked for various drug offenses.
On top of that, he was no longer eligible for work release or parole, he also faced additional charges due to attempted escape.
He was evaluated by a psychological assistant on October 10, 2019, and said he was experiencing poor sleep, poor appetite and low energy. Ten days later, he submitted a sick call saying he “desperately needs to speak to psych.” He was scheduled to see a psychiatrist on October 25.
“At the time of his evaluation, Mr. Risden reported suicidal thoughts, but denied any active ideation, but did express feelings of worthlessness, hopelessness and helplessness, reporting his mood at that time was ‘very depressed,’” the complaint states.
But, the complaint claims the multiple screen assessments Risden had “were clearly cursory with no review of past information that was readily available.” It was he was denied access to necessary psychiatric assessment and treatment despite repeated complaints of depression and anxiety.
It also says Risden was in segregation despite not being a good candidate for it and wasn’t given a formal evaluation for it.
“The reasonably prudent clinician would recognize the many elements present that starkly indicated Mr. Risden was at high risk of self-harm,” the complaint states. “The reasonably prudent clinician should have or would have known this necessitated implementation of measures to prevent self-harm” such as “removing him from segregation, placing him on suicide watch and requesting urgent psychiatric attention.”
After being evaluated by another psychiatric assistant on October 25, 2019, Risden was found hanging in his cell at 11:31 p.m. that night. His death certificate lists hanging as the cause of death.
Risden’s estate accuses the WVDCR of malicious conduct leading to his death as well as accuses PSIMED and Wexford of medical negligence and vicarious liability.
It seeks compensatory damages for his pain and suffering, medical expenses and other losses, including punitive damages. It also seeks damages for emotional suffering of his beneficiaries, pre- and post-judgment interest, court costs, attorney fees and other relief.
All of the defendants deny the allegations and seek to have the case dismissed.
The estate is being represented by L. Dante diTrapano, Alex McLaughlin and Benjamin D. Adams of Calwell Luce diTrapano in Charleston as well as by William C. Forbes and W. Jesse Forbes of Forbes Law Offices in Charleston. The WVDCR is being represented by Lou Ann Cyrus and Emily Lilly of Shuman McCuskey Slicer in Charleston. PSIMED is being represented by Robert Lockhart and Wesley White of Cipriani & Werner in Charleston, and Wexford is being represented by Jordan Herrick and Adam Strider of Bailey & Wyant in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 21-C-989