Uploaded August 2026 | Updated September 2026, 2 weeks ago
The family of a Monroe County Jail inmate who died in custody nearly three years ago has filed a civil rights and wrongful-death lawsuit, claiming his death was preventable.
Brian Harmon, 62, was found unresponsive in his cell Oct. 1, 2023, nine days after he was taken into custody for violating parole.
Deputies said they discovered Harmon unresponsive around 10:56 a.m. and immediately began CPR and used an automated external defibrillator. AMR and Rochester firefighters continued lifesaving efforts before Harmon was taken to Strong Memorial Hospital, where he was pronounced dead at 11:51 a.m.
Harmon's family is now suing Monroe County, the jail's contracted medical provider, PrimeCare Medical, and several jail personnel, seeking damages and accountability over the care he received while incarcerated.
"I think that Mr. Harmon's case is the clearest example of how that system not only doesn't work, but is harmful," said Elliot Shields, an attorney representing Harmon's family.
According to the lawsuit, Harmon suffered painful symptoms of a urinary tract infection while in jail, which ultimately led to sepsis.
"What I can say is that Brian Harmon didn't get bad medical care. He essentially got no medical care at all for nine days," Shields said. "There was an ultrasound that nobody acted on. There was a urine test that was marked done before anyone collected a sample. There was a lab result that nobody read, and not one trip to the hospital."
The lawsuit cites a December 2025 report from the New York State Commission of Correction, an independent oversight agency responsible for regulating and inspecting correctional facilities.
The state review found "multiple deficiencies in the medical assessments and the treatment of Harmon during his incarceration that led to his death."
The report also directed the Monroe County Legislature to review the findings and conduct an inquiry into the fitness of the jail's contracted medical provider.
Republican Leader Sean McCabe and Democratic Legislator Rachel Barnhart said that review has not happened and that legislators were never informed of the state's directive.
McCabe recently sent a letter to Legislature President Yversha Roman questioning why lawmakers were not notified.
"Why didn't we find out — number one, about this that we were supposed to be doing an inquiry, and number two — is what led to where we're at at this point," McCabe said. "Like, why were you incompetent, or were you malfeasant in your duties? It's one of two things."
Barnhart also called for the Legislature to complete the state-directed review before the Sheriff's Office has another opportunity to renew its contract with PrimeCare.
READ MORE: 13wham.com/news/local/lawsuit-claims-monroe-county-jail-inmates-death-was-preventable
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The family of a Monroe County Jail inmate who died in custody nearly three years ago has filed a civil rights and wrongful-death lawsuit, claiming his death was preventable.
Brian Harmon, 62, was found unresponsive in his cell Oct. 1, 2023, nine days after he was taken into custody for violating parole.
Deputies said they discovered Harmon unresponsive around 10:56 a.m. and immediately began CPR and used an automated external defibrillator. AMR and Rochester firefighters continued lifesaving efforts before Harmon was taken to Strong Memorial Hospital, where he was pronounced dead at 11:51 a.m.
Harmon's family is now suing Monroe County, the jail's contracted medical provider, PrimeCare Medical, and several jail personnel, seeking damages and accountability over the care he received while incarcerated.
"I think that Mr. Harmon's case is the clearest example of how that system not only doesn't work, but is harmful," said Elliot Shields, an attorney representing Harmon's family.
According to the lawsuit, Harmon suffered painful symptoms of a urinary tract infection while in jail, which ultimately led to sepsis.
"What I can say is that Brian Harmon didn't get bad medical care. He essentially got no medical care at all for nine days," Shields said. "There was an ultrasound that nobody acted on. There was a urine test that was marked done before anyone collected a sample. There was a lab result that nobody read, and not one trip to the hospital."
The lawsuit cites a December 2025 report from the New York State Commission of Correction, an independent oversight agency responsible for regulating and inspecting correctional facilities.
The state review found "multiple deficiencies in the medical assessments and the treatment of Harmon during his incarceration that led to his death."
The report also directed the Monroe County Legislature to review the findings and conduct an inquiry into the fitness of the jail's contracted medical provider.
Republican Leader Sean McCabe and Democratic Legislator Rachel Barnhart said that review has not happened and that legislators were never informed of the state's directive.
McCabe recently sent a letter to Legislature President Yversha Roman questioning why lawmakers were not notified.
"Why didn't we find out — number one, about this that we were supposed to be doing an inquiry, and number two — is what led to where we're at at this point," McCabe said. "Like, why were you incompetent, or were you malfeasant in your duties? It's one of two things."
Barnhart also called for the Legislature to complete the state-directed review before the Sheriff's Office has another opportunity to renew its contract with PrimeCare.
READ MORE: 13wham.com/news/local/lawsuit-claims-monroe-county-jail-inmates-death-was-preventable
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For more information, visit 13wham.com
Have a news tip? Send it directly to us:
Email us: news@13wham.com
Call the Newsroom: (585) 334-8700
WHAM is a NY based station and a ABC Television affiliate owned and operated by Deerfield Media, Inc and receives certain services from an affiliation of Sinclair Broadcast Group. Sinclair Broadcast Group, Inc. is one of the largest and most diversified television broadcasting companies in the country today.
#13WHAM #News #Rochester #NewYork
