According to the Elko Daily Free Press, a diabetic man has settled a personal injury lawsuit with the Elko County Commission for $70,000 in regards to his mistreatment while being incarcerated in the county jail.
C.C., 39, had been arrested for possession of methamphetamine in June of 2012 after a police officer discovered the drug in two small cellophane bags near to C.C.'s possessions in the Stockmen's Hotel and Casino.
C.C. pleaded not guilty in January.
Todd Moody, C.C.'s attorney, told reporters that the details of his client's settlement are confidential. However, what is known is that the commission voted to approved the settlement. The county attorney, Kristin McQueary, advised the commission to do so as she said that litigation would cost them more.
The city's insurance would cover a portion of the settlement, after the city pays a $25,000 deductible.
According to Moody, while his client was held in jail on October 23 he began to have fluctuations in his blood sugar levels. First he was place in isolation, and then later, into the top bunk in the general holding area.
Sheriff J.P. said that the jail's policy is to house inmates with medical issues in lower bunks. However, on that night, the jail was crowded and a lower bunk was not available.
Moody said that diabetics are prone to loss of consciousness so it was imperative that C.C. be assigned to a lower bunk.
Sometime during the night C.C. fell from the upper bunk and fractured his femur. Compounding the injury, a deputy ordered him to his feet.
The suit states that C.C., "attempting to comply with the order, attempted to pull himself up to walk, but was unable to comply." This prompted the deputy to deem that C.C. was "playing games" so an ambulance was not called for. Instead, jail staff left a message for Dr. R.A., a graduate of the Kirksville College of Osteopathic Medicine.
The complaint reads, "(C.C.) continued to experience significant pain and was unable to walk or stand without assistance" and because C.C. wouldn't walk or stand it was seen by the deputies as a "refusal of medical treatment."
C.C., forced to crawl from cell to cell made it "sometimes impossible, for (C.C.) to use the toilet or to walk" according to the lawsuit.
C.C. saw Dr. R.A. the day after the fall. Allegedly Dr. R.A. also accused C.C. of "playing games" but he did order an x-ray of C.C.'s leg. C.C .was examined four hours later in a hospital – where his fracture was diagnosed.
Between the fall and the subsequent surgery C.C. waited over 30 hours for relief.
The $70,000 award was made for damages incurred by C.C. that included pain and suffering, lost earnings, lost earning capacity, medical expenses and attorney fees.
If you or someone you hold dear has been hurt in an institution – contact a personal injury lawyer right away! The sooner you file the closer you can get to your own monetary settlement!