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 A Scranton attorney said Wednesday he is preparing to file a federal lawsuit on behalf of an inmate who was allegedly brutally attacked by another prisoner.

James M. Rogan said he has been retained to represent Nicholas Pinto, who Scranton police said was attacked and kicked in the head repeatedly by fellow inmate Michael Simonson on Aug. 8 in the Lackawanna County Prison.

Rogan, who has also been retained to represent Pinto in his forthcoming sentencing, said he has not yet determined which parties he will sue, or on what grounds, but he confirmed allegations of civil rights violations will be included.

“I think cruel and unusual punishment may fit the bill,” Rogan said.

Pinto, who was being kept at the facility while awaiting sentencing on a federal charge of possession of child pornography, remains in critical condition from injuries suffered in the alleged attack. Witnesses said Simonson stomped on Pinto’s head more than 15 times during the attack. Pinto has not regained consciousness since.

Simonson was being held at the prison while awaiting trial in Luzerne County on murder charges in the April 2009 death of Donald Skiff. Prosecutors allege Simonson, 33, and another man, Elvis Riccardi, 32, kidnapped and robbed Skiff in Shickshinny before beating him to death and dumping his body along Suscon Road in Jenkins Township.

Rogan said the two inmates should not have had contact, because Pinto was being held in protective custody and Simonson in administrative custody.

“Those words have meanings. Those designations have meanings,” Rogan said. “Absolutely, (Simonson) should not have had contact with (Pinto).”

He added, however, that the scope of allegations he plans to include in the suit will be broader.

“The whole culture of deliberate indifference at that institution is appalling,” said Rogan, adding that he thinks the lawsuit will shed light on improper procedures at the prison.

The Lackawanna County Prison Board voted Wednesday to request the state Department of Corrections to conduct an independent review of the prison’s operations and an investigation into the incident. The review will accompany an internal investigation being conducted by prison staff and a criminal investigation by Scranton police and the Lackawanna County District Attorney’s Office, prison board member and county Commissioner A.J. Munchak said.

“We want to make sure that we have the proper protocols in place to prevent something like this from happening again,” Munchak said. He declined comment on the lawsuit proposed by Rogan.
 

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