WILKES-BARRE, Pa. — A federal judge this week allowed a lawsuit to move forward on claims alleging that Luzerne County and its jail's medical provider, Wellpath, are liable for an inmate's death more than three years ago.
U.S. District Court Judge Karoline Mehalchick ruled Mary Ellen Balliet’s family met the burden, at least for now, of showing the county and Wellpath bear some responsibility as policymakers.
The lawsuit stems from the death of Balliet, 30, in August 2020. Pittston police arrested her on bench warrants and brought her to the Luzerne County Correctional Facility. She was dead in a cell by the next day.
Her father brought a lawsuit two years later that alleged jail and Wellpath staff stood by while she was "physically deteriorating and dying right before their eyes." According to the suit, her final hours were recorded on jail video cameras that captured staff laughing and smirking while she was in pain.
"The abject disregard of Ms. Balliet's well-being was captured on surveillance video at points throughout her thirty-six hours at LCCF," wrote attorney Barry Dyller in a 47-page complaint. "Most disturbing, conscious shocking and downright criminally negligent was what transpired between 9 a.m. and 2:11 p.m. on August 12, 2020. During those five hours and eleven minutes — the last of Ms. Balliet's life — she was left virtually unattended in a recorded prison cell to die."
In response, attorneys for the jail’s staff disputed employees were deliberately indifferent to Balliet's medical condition and argued her rights had not actually been violated.
Mehalchick dismissed counts against some of the staffers involved but allowed claims against the county itself and Wellpath to proceed.
One of the attorneys representing Balliet's estate, Theron Solomon, said Balliet’s death was one of several at the jail over the last few years and called it "1000% preventable."
“We are pleased that the judge saw what we saw,” Solomon said. “Of all the cases I’ve seen against the county, this might be the worst."
Luzerne County Manager Romilda P. Crocamo said Tuesday she had not yet gone through the judge's order.
James Wilbur, the jail’s warden, declined to comment on the case but said the jail and Wellpath started treating those with substance abuse issues with medication in 2023.
They also have plans to soon start a trial run using new technology that will better monitor the vitals of vulnerable inmates.
"We're always trying to improve," he said.