Prison settles suit for $35K

WILKES-BARRE – The Luzerne County prison has agreed to pay $35,000 to settle a federal lawsuit filed by a convicted murderer who claimed county guards used excessive force in removing him from his cell after he was accused of assaulting another guard.

The prison admits no wrongdoing under the settlement reached Monday with Nicodemo DiPietro, said county solicitor James Blaum. The prison board agreed to settle the case because it was the “practical and pragmatic” thing to do from a financial perspective, Blaum said.

DiPietro, an alleged mob associate, filed suit against the prison in December 2006, alleging he was repeatedly kicked, slammed against a floor and shocked with a taser, even though he offered no resistance during a cell extraction.

DiPietro, who is serving a life sentence for a 2000 murder in Philadelphia, was temporarily being held at the county prison while he awaited trial on a separate charge of spitting in the face of a contractor at the State Correctional Institution at Dallas in 2005.

Luzerne County guards forcibly removed DiPietro from his cell on March 30, 2006, after he was accused of punching guard Stanley Fiedorczyk in the face, breaking his nose.

In a prior interview, Deputy Warden Sam Hyder vehemently denied officers used more force than necessary, saying DiPietro was combative and threatened his staff. Neither Hyder nor Warden Gene Fischi returned a phone message Tuesday.

DiPietro initially filed the suit himself in federal court in Scranton. He was later represented by a private attorney, David Heisler, of Lenahan & Dempsey in Scranton, who filed an amended complaint.

The complaint named as defendants Hyder, Major James Larson, Lt. Joseph Gambeda, Cpl. Joseph Ciampi, correctional officers J. Mecca, Jeremy Ambrosavage, Bernard Miko, John Raggi, George Wolfe, Christopher Adams and eight other officers whose identities were not yet known.

The case was scheduled to go to trial in federal court in Harrisburg on Aug. 4, but the settlement negates that.

Blaum, in an e-mail, said the prison board maintains the guards did nothing wrong. He said the board opted to settle the case due to the uncertainty of a trial. The settlement will be officially approved at Monday’s prison board meeting. Part of the consideration, Blaum said, was the fact DiPietro’s attorney would have been entitled to recoup attorney fees, even if DiPietro attained only a small judgment. Those fees are billed on an hourly basis and can be substantial.

“While the county believes no such judgment would be entered against it, the possibility inherent in any trial requires a pragmatic financial review ...” Blaum said.

Heisler said DiPietro is continuing to appeal his murder conviction, and will likely use part of the money to pay attorneys fees associated with that appeal.