When the government arrests someone, they strip them of their ability to care for themselves. In exchange, the Constitution mandates that the jail must provide adequate medical care. When they fail—and someone dies—it is not just negligence. It is a violation of federal civil rights.
The Legal Standard: "Deliberate Indifference"
Suing a jail is harder than suing a doctor "text": "Yes. Under 42 U.S.C. § 1983, jail staff are required to provide adequate medical care and protect inmates from violence. If they were 'deliberately indifferent' to a serious risk, you can sue."rious medical need. This means proving two things:
- Objective: The medical need was serious (e.g., heart attack, withdrawal, diabetes).
- Subjective: The jail staff knew of the risk and chose to ignore it.
If a nurse saw your loved one vomiting blood and told them to "stop faking it" instead of calling an ambulance, that is deliberate indifference.
Common Cases We Litigate
1. Dangerous Withdrawal (Alcohol/Benzos)
Alcohol and benzodiazepine withdrawal can be fatal if untreated. Jails often ignore the protocols: checking vitals, administering Librium/Ativan, and transferring to a hospital when seizures begin. "sleeping it off" is often a death sentence.
2. Diabetic Emergencies
We see countless cases where jail staff confiscate insulin pumps or refuse to provide insulin at meal times. Diabetic Ketoacidosis (DKA) is a slow, agonizing, and completely preventable death.
3. Sepsis and Infections
MRSA and other infections run rampant in jails. When requests for antibiotics are ignored, a simple cut can turn into life-threatening sepsis.
Preserve Evidence Now
Jail video is automatically overwritten. Medical logs ("MARs") can be altered. We must secure the chain of custody immediately.
Immediate Family Checklist
When a loved one dies or is injured in custody, transparency stops. You must force it.
Who Is Liable?
It is rarely just one "bad apple." We look for systemic failures:
- The Sheriff/County: For failing to train staff or understaffing the jail to save money.
- Private Medical Companies: Many jails outsource healthcare to for-profit companies like Turn Key Health. These companies often have policies that delay care to increase profits.
The "For-Profit" Medicine Problem
Many Oklahoma jails contract with private companies to provide medical care. These companies are paid a flat fee per inmate. Every time they send an inmate to the hospital, it cuts into their profit margin. This creates a deadly incentive to deny care until it is too late.
What Determines a "Win"?
Because these are federal cases, there are no caps on damages for pain and suffering in many circumstances. Juries can award:
- Compensatory Damages: For the pain and suffering the inmate endured before death.
- Punitive Damages: To punish the individual officers or nurses for their callous conduct.
- Attorney Fees: The county may be forced to pay your legal bills on top of the verdict.