In-Custody Overdose Deaths: Denial of Medical Care in Jail
When someone is taken into police custody, the government assumes responsibility for their physical safety and access to medical care. Incarceration does not strip a person of their human rights, no matter how depraved or inhumane others may view their alleged crimes. They are entitled to timely and appropriate medical treatment. However, families across California continue to lose loved ones to in-custody overdose deaths. That’s where an in-custody death attorney steps in to seek justice.
At the Law Offices of Dale K. Galipo, our in-custody death lawyers in California know the pain you experience when a loved one dies in police custody. They are not there voluntarily, and you should be able to trust law enforcement and correctional officers to treat them humanely. When they don’t, we’re here to hold them accountable. Attorney Dale K. Galipo has long focused his legal work on civil rights cases, striving to address the growing issue of police misconduct in California. Call our in-custody death law firm at 818-347-3333 to discuss your case with our experienced team.
The Growing Issues of In-Custody Overdose Deaths
In-custody overdose deaths are a massive issue in California. Death logs from California Correctional Health Care Services indicate an uptick in overdose death rates year after year. Fentanyl causes the most in-custody overdose deaths, multiplying year after year. In 2022, fentanyl accounted for 76% of all overdose deaths in California jails and prisons, compared to 9% of deaths caused by opioids other than fentanyl and 15% of all deaths caused by non-opioid drugs.
In-custody death attorneys know that jails are a uniquely dangerous environment for those struggling with substance abuse. Intake screenings are rushed and often incomplete, making it extremely easy for drugs to be snuck into facilities. Additionally, these screenings may miss signs of overdose, which often mirror non-compliance or intoxication.
The Death of Theris Coats II
Theris Coats II, who went by Theris “TC” Coats, battled mental illness and addiction while struggling with homelessness in San Francisco. Before he could get checked into a shelter—where they had just confirmed they had a space for him—he was arrested and checked into the county jail. By the next morning, he was dead.
It wasn’t for lack of effort on his family’s part. His family worked tirelessly to get him the help he needed, but he fell through the cracks of the system time and time again. When he passed, he was in a medical ward at the jail and was across from the nurse’s office. His family sued the government in an effort to get answers. Named parties include the mayor, the sheriff’s office, and the Department of Public Health. The suit alleges deliberate indifference.
What is Deliberate Indifference?
Under the Constitution, incarcerated people have the right to adequate medical care. When correctional professionals are indifferent to a prisoner’s serious medical need, that may be considered a violation of the individual’s rights. Deliberate indifference goes about and beyond not knowing that someone was overdosing or at risk of overdosing. It’s beyond simple negligence. It means that jail staff knew or should have known about a substantial risk to a person’s health and did not take steps to address it.
In the case of Theris Coats II, the family has sought access to jail records but has been denied. However, the fact that he was across from the nurse’s office, refused medications and a medical evaluation, and was known to struggle with addiction may all indicate that the jail should have known he was at risk of overdosing and dying.
Denial of Medical Care
In-custody death lawyers often find that these deaths are the result of multiple failures, not just one point of failure within the correctional system. Ignoring withdrawal symptoms, having too many prisoners with medical needs for one nurse to provide proper care, delaying transport to a hospital, failing to monitor detainees, or failing to complete a thorough examination can all contribute to overdose deaths. Systemic problems, such as understaffing, a lack of training regarding overdose deaths, or inadequate medical protocols, can also play a significant role in these deaths.
Discuss Your Next Steps With the Law Offices of Dale K. Galipo
At our in-custody death law firm, we strive to hold institutions and individuals accountable when their indifference to detainees’ needs results in preventable deaths. Call us at 818-347-3333 or contact us online now to plan your next steps with our team.
