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MARRICONE v. UNITED STATES

January 12, 1989

JOSEPHINE MARRICONE
v.
UNITED STATES of AMERICA



The opinion of the court was delivered by: BRODERICK

 RAYMOND J. BRODERICK, UNITED STATES DISTRICT JUDGE.

 Plaintiff Josephine Marricone, Administratrix of the estate of her son, Anthony Marricone, Jr., pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2674, brought this non-jury action against defendant United States, in connection with the death of her son during his incarceration at the Federal Correctional Institute ("FCI") in Lexington, Kentucky. Plaintiff alleged that employees at FCI, a prison-hospital facility, failed to adequately diagnose and treat Mr. Marricone. Plaintiff set forth wrongful death and survival claims under both Pennsylvania and Kentucky law.

 After reviewing the testimony presented at the bifurcated trial, the exhibits submitted by the parties, and the stipulation of facts agreed to by the parties, this Court makes the following findings of fact and conclusions of law:

 FINDINGS OF FACT

 On March 1, 1985, at 12:30 p.m., Mr. Anthony Marricone self reported to the FCI at Lexington, Kentucky, to commence serving a three year term of imprisonment for conspiracy to commit theft from a foreign or interstate shipment. Execution of the sentence had been delayed on several occasions due to chronic ulcerations on Mr. Marricone's feet. At the time he reported to FCI, Mr. Marricone, a mildly obese, heavy smoker, suffered from poorly controlled diabetes, circulatory problems, arteriosclerosis, and emphysema. In addition, Mr. Marricone had several toes on his right foot amputated. He had no known history of heart disease.

 At approximately 12:45 p.m., Ms. Denise Sheets, an Administrative Assistant in the Receiving and Discharge Area, processed Mr. Marricone into FCI. Ms. Sheets finger-printed Mr. Marricone who, during the procedure, neither voiced any complaints nor displayed any symptoms of illness.

 At approximately 2:30 p.m., Mr. Marricone was interviewed by Physician's Assistant Anita Marlar, as part of a medical intake screening procedure. Section 522.20 (Purpose and Scope of Intake Screening) of the Federal prison system regulations require Bureau of Prison staff to screen newly arrived inmates to ensure that health, safety, and security standards are met, and states:

 
Prior to placement of an inmate into the institution's general population, staff shall ensure that health, safety and security standards delineated in this Program Statement are met. Medical and social interviews are required to meet these standards.

 Furthermore, under Section 522.21 (Procedures of Intake Screening), the medical screening, to occur immediately after the inmate's arrival, is to be completed in accordance with Chapter 6400 of the Medical Manual. The pertinent section of Chapter 6400 of the medical manual of the Bureau of Prisons require at Section 6408 as follows:

 
6408. Physical Examinations-Inmate
 
1. Intake Screening-as newly committed inmates are received at institutions they will be given an initial overall inspection by a member of the medical staff to determine their needs for any urgent medical care . . . .

 This intake screening procedure is not intended to be a full medical examination and involves no hands-on evaluation or treatment. Rather, the screening is designed to elicit a brief medical history from the inmate in order to determine whether there are special housing needs and to determine whether the inmate would be able to participate in temporary work assignments.

 As part of the screening process, Mr. Marricone filled out a Report of Medical History form SF93. That form requests, in pertinent part, information from the inmate concerning certain symptoms or conditions which the person may have experienced in the past or may be ...


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