4 more tort claims filed against jail, county
Four more tort claims alleging the refusal of medication at the Harrison County Jail in Corydon were filed against the county last week by attorney John L. Smith, who said he also planned to file four more claims yesterday (Tuesday).
Generally, he said, most of the claims revolve around the refusal of medical treatment or medication to inmates while serving in the jail in Corydon.
Walter Davis of New Salisbury was incarcerated at the jail from Oct. 14, 2009, to July 14, 2010. Prior to his incarceration, the claim states, Davis was taking Lisinopril for high blood pressure. He had been taking the medication for the past eight years. He was allowed to take the medication when first incarcerated, but in March Lt. James Mabon allegedly told Davis ‘he was fine’ and quit allowing him to take the medication. As a result, Davis started suffering from severe chest pain and headaches, which he reported to the jail staff.
On April 1, Davis was finally rechecked by jail staff, and it was determined that his blood pressure was extremely high. An ambulance was called and he was rushed to Harrison County Hospital in Corydon, where he was told that he had sustained a heart attack due, in part, to not being allowed to take his medication.
Another claim, on behalf of John J. Barker, 73, of Waynesburg, Ky., was filed alleging personal injuries, emotional distress and civil rights violations. Barker was incarcerated on Aug. 18 and remains in the jail. On or about Aug. 25, the claim states, Mabon used extreme and excessive force, witnessed by several inmates, upon Barker under the belief that he had urinated on himself in his cell. Mabon allegedly slammed Barker’s face against a window and threw him onto the floor.
Shannon Martin of Sellersburg has been incarcerated at the jail since Aug. 4. Upon his initial incarceration, according to the claim, he asked to take his prescribed medications, Methadone, Dilaudid, Robaxin and Gabapentin, and was told by Mabon, ‘You are not going to get any medicine while you are in here,’ and Mabon told him to ‘shut up.’
Martin had been taking these medications since June 2006 due to a motorcycle crash where he sustained severe and permanent injuries. Martin has repeatedly asked to take his lawfully-prescribed medications and has been continuously denied access to them, according to the claim.
The fourth claim was filed on behalf of Shane Crawford of Ramsey. Crawford was incarcerated this year, from April 1 through June 26. Prior to his incarceration, he was using denture cream daily to hold his upper dentures in place. He has used the cream for the past 10 years due to a motorcycle crash. He allegedly was not allowed access to denture cream despite numerous requests. He was even refused cream that was brought in its original package to the jail by his mother, the claim states.
As an apparent result of not being allowed to use his denture cream, Crawford was unable to eat solid food and lost 20 pounds. In addition, he lost two metal studs in his jaw that were used to hold the dentures in place. The studs had to be replaced with a bone graft upon his release.
All four claims name the Indiana Political Subdivision Risk Management Commission, Harrison County Commissioners, Harrison County Sheriff’s Department, Sheriff G. Michael Deatrick and Mabon. It calls for a judgment of $700,000 each for medical expenses, both past and future, pain, suffering and emotional distress and attorney fees.