Pa. DOC agrees to pay $562,000 to family of inmate killed at Benner state prison
The father of a Benner state prison inmate who was killed at the facility settled Tuesday a federal civil rights lawsuit that accused prison staff of failing to protect his son from a dangerous cellmate.
The state Department of Corrections agreed to pay the family of Derric Harsh Jr. $562,500 to settle the lawsuit, attorney Paul Messing said.
The department, which did not admit any wrongdoing, also agreed to share and review its training materials about inmate safety with the family.
“From the outset, the family has been focused on doing something that would help prevent another family from going through the same nightmare,” Messing said. “... For those of us who have been working in the area of prisoner safety — whether it is violence that is committed by other inmates or correctional staff, or prison suicides that could have been prevented — these are all issues that need to be thoroughly and publicly aired because serious problems exist.”
A DOC spokeswoman declined to comment Tuesday, saying one more signature was required before the agreement was finalized.
Harsh, 23, died of manual strangulation in February 2019. His death was ruled a homicide — the first in the prison’s history.
Harsh was serving an eight- to 16-year sentence after pleading guilty in Lancaster County to rape and other charges. He was paired in a cell with 45-year-old Eric Mueller, a man serving two consecutive life sentences for murder.
The lawsuit claimed prison staff were aware of Mueller’s “major mental illness,” but failed to ensure Harsh was protected.
Mueller was distressed he would no longer be alone in a cell and made threatening statements with prison staff present, including “I am on that line to kill someone” and “This is the last cellmate I will have.”
Prison staff made “no effort” to intervene and were “deliberately indifferent” during the assault, Messing wrote in the lawsuit that was filed in November.
No charges have been filed against Mueller by either state police at Rockview or Centre County District Attorney Bernie Cantorna.
The county’s top prosecutor has said Harsh’s family understands Mueller is serving two life sentences. Any charges that are filed will be done in conjunction with the family, Cantorna has said.
“The DOC should be applauded for their willingness to resolve this case so early in the litigation and to provide documents so that a second set of eyes can take a look at it,” Messing said. “I’m hopeful that if there are things that need to be changed, that they’re going to be open to that.”
This story was originally published June 16, 2020 at 3:38 PM.