Nurse held at gunpoint sues prison


YOUNGSTOWN — A nurse at St. Elizabeth Health Center has sued the Northeast Ohio Correctional Center on Hubbard Road for emotional distress suffered when one of its inmates confronted her with a gun while he escaped from prison guards in April. Francine A. Smith and her husband, David Smith, sued the private prison Friday in Mahoning County Common Pleas Court, seeking more than $25,000.

The suit said Francine Smith was the nurse assigned to NOCC inmate Billy J. Fitzmorris and entered his room to check his monitors. Fitzmorris “jumped out of bed and put a gun to her face ... causing her to undergo extreme mental agony and emotional duress.” The suit blames the incident on the failure of the prison to have in place proper procedures for the transport and detention of prisoners at medical faciilties. The suit said Smith sustained permanent damage, pain and suffering.

Fitzmorris, a federal prisoner, was taken from the prison to the hospital for treatment after cutting his head and complaining of chest pain. Fitzmorris, 34, of Obetz, a suburb of Columbus, escaped from the hospital with a .38-caliber revolver and uniform he took from a prison guard he handcuffed. He then used the gun to force an Austintown man to drive him to Columbus, where he allegedly robbed two banks before surrendering to authorities.

The suit said David Smith has been deprived of the services of his wife, including her society, companionship and assistance.