St. E’s clerk files suit over hostage situation

The armed escapee broke the hospital clerk’s wrist, the lawsuit says.

YOUNGSTOWN — A St. Elizabeth Health Center clerk, saying she was injured and terrorized by a prisoner who escaped a year ago while being treated at the hospital, has sued the prisoner, the prison, warden and two guards.

Christine M. Jones of Evelyn Road, Austintown, and her husband, Earl, sued the Corrections Corp. of America and its Northeast Ohio Correctional Center on Hubbard Road; Robert Tapia, the prison warden; the escapee, Billy Jack Fitzmorris; and prison guards David Johnson and Brian Morgan, from whom Fitzmorris escaped at the hospital.

At approximately 9:30 a.m. April 2, 2007, Fitzmorris, who was a federal prisoner being housed at NOCC, escaped from the guards’ control by taking one of their guns, the suit says.

When Jones entered Fitzmorris’ room, Fitzmorris jumped out of bed, grabbed her arm, twisted it, broke her wrist, held her hostage at gunpoint and threatened to kill her, according to the lawsuit.

The lawsuit, which demands a jury trial and more than $25,000 in damages, was filed Monday in Mahoning County Common Pleas Court.

Fitzmorris had used a homemade knife to overpower, disarm and handcuff an NOCC guard, police said. The escapee then took another guard and two hospital employees hostage for about 15 minutes, donned the overpowered guard’s uniform, and fled the hospital, police said.

Using the guard’s .38-caliber revolver, Fitzmorris then carjacked Richard Orto Sr., 53, of Innwood Drive, Austintown, in a hospital parking lot, authorities said.

Orto sued the hospital and the prison last May, saying he was held at gunpoint for three hours as Fitzmorris drove him to the Columbus area, where Orto escaped when Fitzmorris stopped at a convenience store.

Fitzmorris then robbed two central Ohio banks and wrecked Orto’s car in Hilliard, where he held two more women hostage before surrendering.

NOCC’s public relations officer Jillian Shane said CCA does not comment on pending litigation. Orto’s case also is pending.