Woke up in jail after a 7-day coma

[happyandsober]

What is the name of your state (only U.S. law)? Oklahoma

This all started June 1st, 2011. For the prior two years, I had been addicted to heroin. I was arrested on some theft charges, and about 48 hours into my withdrawal trapped inside of a jail cell -- I black out. Next thing I know it is June 7th, and I wake up to being flipped over onto my stomach -- and some sort of shot was given to me in my butt. I was covered in my own feces and urine, on the floor in an empty cell in what they called a "suicide watch room". Whenever I woke up, that told me that they had no idea what was wrong with me, and wasn't sure if I was going to wake up or not. They forced me to stay in their medical jail cell area for another two days -- and refused to let me talk to the doctor about being on their opiate protocol (Clonodine and Vistiril I believe). The story that I was told later by another guard at the jail (I have his name, and he is willing to tell his story. We'll call him "Jack") They said they left me passed out in the general population pod a few days, before another guard had asked Jack to come look at me, apparently I was on the floor with my eyes rolling in the back of my head, with a pile of drool around me -- the officer asked if he thought I should recieve medical care, or if I would snap out of it. Is any of this worth pursuing? I felt like as if my life could have ended due to inadequite medical care, because there were several people that died the same week that I was in there -- for the same thing (drug and alcohol withdrawals)

P.S. I now have over a year clean and sober!

 

[justalayman]

so, what are your damages? Did you sustain any injuries. Are there any long term effects due to the treatment?


From your explanation, there isn't. You have no claim because of how you might have been treated, especially since you weren't aware of it.

 

[happyandsober]

I'm not sure of the fullest extent of the injuries yet. I have been diagnosed with Hepatitis C, and that was on my medical file. Going that long without nutrients or water caused my liver to nearly shut down, and I am still having issues with that.

 

[ecmst12]

You got hepatitis from needles, not from jail.

 

[justalayman]

Going that long without nutrients or water caused my liver to nearly shut down,

do you mean your kidneys maybe? That is the organ first affected by the lack of water.

and maybe the hep c is the source of the liver problems?

 

[ecmst12]

Hepatits C is a virus, it can't be caused by neglecting your body for a few days. It's carried and spread through blood and body fluids, either dirty needles or unprotected sex. Since OP was a drug user, needles seem like the most likely source. My grandma got it from a blood transfusion in the 60's, but they test for that now. Perhaps it was DISCOVERED after the jail incident, but it was there before. Fortunately the liver is a truly remarkable organ and can heal itself from nearly anything if you stop whatever was hurting it and give it a little time. Hep C can be treated and managed though it never goes away.

 

[Proseguru]

so, what are your damages? Did you sustain any injuries. Are there any long term effects due to the treatment?


From your explanation, there isn't. You have no claim because of how you might have been treated, especially since you weren't aware of it.

The OP may have a claim...damages are not really needed...if they refused to give proper medical care then this is the issue .. cruel and unusual ... prisoners have more rights then we do in respect to medical care (some have actually committed crimes to be wards of the state just for medical care).

Since you were not aware what happened, the OP really has no evidence at this time..discovery & the state employees and maybe some inmates would be the source of this information.

Being addicted to drugs should not result in a de facto death sentence ... at least in this country.

Move to portugal ... they have no drug laws,,,zero....been working out well so far for them

 

[justalayman]

Proseguru;3060590]The OP may have a claim...damages are not really needed...if they refused to give proper medical care then this is the issue .. cruel and unusual ..

and the lack of medical care was proven where?

and the cruel treatment was?

In fact:

and I wake up to being flipped over onto my stomach -- and some sort of shot was given to me in my butt.

it appears he was sedated. You might look up the process for detox for a heroin junkie.

and then we have:

They forced me to stay in their medical jail cell area for another two days

lack of medical care is witnessed by? He was in a med ward. He is alive.

there is a huge difference between allowing a stoned junkie going through withdrawal to lie on a floor and that plus abusing him while he laid there. Allowing the first is not cruel.

. prisoners have more rights then we do in respect to medical care (some have actually committed crimes to be wards of the state just for medical care).

actually, they don't. It is a lot easier to not give them care and a lot easier to give them a reduced level of care.

Being addicted to drugs should not result in a de facto death sentence ... at least in this country.

HUH??? Unless the OP is using Spectral ISP, there is no death and nothing the OP posted seriously suggest death is a consequence of the treatment or lack of.

the OP has no causal relationship between any problems he is experiencing with the situation in the jail. He has hep C. Want to guess where it more likely came from? He is having liver problems; want to guess what organ hep C affects?

While I doubt there is any basis for an action against the DOC, by all means, feel free to speak with an attorney about the matter. There could be information not disclosed here that could make a difference.

 

[Adam G]

actually, they don't. It is a lot easier to not give them care and a lot easier to give them a reduced level of care.

Not sure what point you're trying to convey here, but prisons must provide necessary medical care to persons in their custody. Failure to do so can result in a Section 1983 claim. City of Revere v. Massachusetts General Hospital, 463 U.S. 239 (1983). People not in state custody do not get the same treatment.

As for OP, I'm not a Section 1983 specialist but you theoretically could have a viable claim. This was case was relatively recent.

http://destructionist.wordpress.com/2012/05/04/forgotten-student-abandoned-in-jail-cell-for-5-days-files-20-million-lawsuit/

 

[ecmst12]

Except for the fact that OP has no damages and no evidence of any wrongdoing.

 

[Adam G]

Section 1983 cases are not like car accident cases. Check the link I posted, that guy didn't have $20 million worth of car accident-type damages either.

As for wrongdoing, it's hard to say because OP was hopped up on drugs at the time. You'd be surprised what you find out when codefendants start throwing each other under the bus. I'd be interested to hear from somebody who has tried a 1983 case, if we have anybody like that here.

 

[justalayman]

Not sure what point you're trying to convey here, but prisons must provide necessary medical care to persons in their custody. /

Yep, necessary care. Care to guess how minimal that can be? Care to guess how long that treatment can be delayed before it is considered improper?

I understand your point but you are really stretching this to meet your point.

 

[justalayman]

http://destructionist.wordpress.com/2012/05/04/forgotten-student-abandoned-in-jail-cell-for-5-days-files-20-million-lawsuit/

Sorry but I didn't read the link. What was the outcome of the suit?

 

[BigMouthWino]

Move to portugal ... they have no drug laws,,,zero....been working out well so far for them

I don't know where this misconception comes from, but even cannabis is illegal in Portugal and they have signed all UN treaties with respect to narcotics, seize tons of drugs every year and prosecute drug offenders. Here's a Wikipedia article with lots of citations:

http://en.wikipedia.org/wiki/Drug_policy_of_Portugal

 

[Adam G]

Yep, necessary care. Care to guess how minimal that can be? Care to guess how long that treatment can be delayed before it is considered improper?

This is an extremely dense area of law that is decided on a case by case by case basis. Are you just playing devil's advocate and waiting for me to teach it to you?

I understand your point but you are really stretching this to meet your point.

I'm not stretching anything. I was responding to you saying something about how prisoners have a lower minimum level of care than those not in state custody. That's false.

As for the outcome of Chong's case, I'm not sure. I did a cursory search on CM/ECF in the Southern District of California and got no hits. I'm not sure where he filed suit.