David Trump blames Northampton County sheriffs’ deputies for fall, cracked skull

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A prisoner blames Northampton County sheriffs’ deputies for failing to help him out of the back of a van, instead allowing him to fall and crack his skull, according to a lawsuit.

The lawsuit filed by Northampton resident David E. Trump says he hurt himself getting out of the back of the van March 20, 2019, at Pennsylvania State Correctional Institution—Phoenix.

Trump, 45, had his hands cuffed and chained to his belt and his legs shackled, the suit says. He asked for help and said it was unsafe for him to get out of the van but was ordered to get out anyway, the lawsuit says.

Two surveillance videos provided to lehighvalleylive.com by attorney James D. Famiglio show two inmates get out of the back of the van, then show Trump attempting to get out and falling face-down on the concrete sallyport floor.

He couldn’t put his hands out to catch himself because they were cuffed, so he cracked his skull, the lawsuit says.

“He told them he had two hip replacements and couldn’t get out (of the van),” said Famiglio, who filed the lawsuit. “I don’t understand why they’re contesting it. It is what it is.”

Attorney David MacMain filed a motion to dismiss the lawsuit Friday, May 4, on behalf of Northampton County. His motion says that while the deputies didn’t help Trump, they didn’t create a dangerous situation as is required by law. Nor was their conduct “conscience shocking” as is required under the law.

Nor does the lawsuit prove a pattern of prior incidents where the sheriffs’ department failed to take action, according to MacMain’s motion to dismiss. Nor does it show any intentional wrongdoing, MacMain wrote. MacMain didn’t respond to an email seeking comment.

The lawsuit says Trump suffered a concussion, fractures around his left eye socket and two hemorrhages. The long-term effect of these injuries is unclear, the lawsuit says.

Trump was sent to prison for separate drug convictions in 2017 and 2018, according to online court records. He was sentenced to serve one and a half to three years in prison and is now out on parole.

The defendants are Northampton County, the county sheriffs’ department and two unnamed deputies.

Trump’s lawsuit was filed Feb. 17, 2021, in federal court in Philadelphia.