The mother of an inmate who hanged himself at the beginning of his sentence can move forward with part of her lawsuit against the City of Philadelphia, the Pennsylvania Department of Corrections, and prison health care providers.

U.S. District Judge Gerald Pappert of the Eastern District of Pennsylvania granted in part and denied in part motions to dismiss Wendy Summers' constitutional claims against the agencies.

In her lawsuit, Summers claimed her bipolar son Courtney McLeod was suffering from depression after his conviction and sentencing of two to four years in prison on burglary charges. She claimed prison officials did not properly communicate that her son was suicidal when he was transferred from one facility to another to serve his term.

The lack of warning, and his transfer to a bloc where he would be confined to a cell 23 hours a day, contributed to his eventual suicide, Summers alleged. She claimed the defendants' treatment of her son violated due process rights, and constitutional rights against cruel and unusual punishment.

While a substantial portion of her claims against the city, correctional staff, and the prison health care provider were dismissed, Pappert green-lighted Summers' Eighth Amendment claims.

There, Summers alleges that the individual state prison officials violated McLeod's rights by confining him to his cell for 23 hours per day, failing to adequately treat his mental illness while they knew or should have known that he was at risk of suicide, and failing to train and supervise those tasked with monitoring him.

For Summers to prevail, she had to demonstrate that the likelihood that McLeod would try to harm or kill himself was so obvious that a "layperson" would recognize it, Pappert said.

"Summers alleges abundant facts to demonstrate McLeod's particular vulnerability to suicide. McLeod received an emergency referral for a psychiatric evaluation due to his depression, previously attempted suicide by drinking bleach, was placed on suicide watch, and spoke openly about his desire to commit suicide while in the city's custody," Pappert said.

"Summers also alleges facts to show that McLeod's custodians knew or should have known of McLeod's particular vulnerability," Pappert added, noting that the allegations showed that the defendants were on notice of McLeod's suicidal intent.

Despite this knowledge, the individual commonwealth defendants allegedly placed McLeod in a restricted housing unit, according to the decision. The suit alleges that they also failed to provide McLeod with his prescribed medications, failed to refer him to a mental health unit at the prison, and failed to monitor him, Pappert said.

"Summers has stated a claim for violations of McLeod's Eighth Amendment rights," he said.

The city law department declined to comment on the ruling.

The lawyers for the plaintiff and the other defendants did not respond to requests for comment.

P.J. D'Annunzio can be contacted at 215-557-2315 or pdannunzio@alm.com. Follow him on Twitter @PJDannunzioTLI.