How to File a Jail Death Negligence Lawsuit with Correct Claims

iStock 951677856 — cropped image of prison officer wearing handcuffs on prisoner

Whenever a family or estate sues a jail or a private medical provider working in a jail for the death of a person in that jail, for negligence or otherwise, it is important to fully understand the law and which claims might be brought. There are various claims, or causes of action, which can apply to alleged actions by a jail or county, or a private corporate for-profit medical provider, depending on the status of those entities. Certain claims only apply against governmental entities, while other constitutional claims could apply against governmental entities and private corporations providing medical and or mental health care in jails.

An order in a recent lawsuit against Wellpath is a good teaching tool in this regard. We provide information about that order and the lawsuit, and the plaintiff’s allegations, but we do not intend to make any allegations against Wellpath or any of its employees or agents. Anyone can file a lawsuit making certain allegations, so we have no idea whether allegations in the lawsuit we mention below are in fact true.

In the case of Estate of Maurice Monk v. Wellpath Community Care, LLC, the court signed an order granting Wellpath’s motion to dismiss claims. The case involves the death of Maurice Monk, who was held in Santa Rita jail as a pretrial detainee. During his time at the jail, Mr. Monk’s estate alleged that he received inadequate medical care and was left unattended for days while meals, water, and edication were left unopened outside his cell. He was ultimately found deceased during a wellness check on November 15, 2021. We have no way of knowing whether any of these allegations are true.

The plaintiffs, representing the Estate of Maurice Monk and his family, filed various legal claims against Wellpath Community Care, LLC, the company allegedly responsible for providing medical care at the jail. These alleged claims included allegations related to constitutional rights violations, negligence, wrongful death, and violations of the Americans with Disabilities Act (ADA) and state laws.

Wellpath Community Care, LLC, sought to have some of these claims dismissed. Wellpath argued that it was not a “public entity” and, therefore, should not be held accountable under certain statutes. The court agreed with Wellpath and granted its motion to dismiss claims under the ADA and a state law section.

Additionally, Wellpath requested that references to its liability under Government Code section 815.2 be removed from the complaint. This section primarily applies to public entities and their employees and deals with vicarious liability for actions of public employees. The court agreed with Wellpath on this matter as well and granted its motion to strike these references.

In summary, this case revolves around the an unfortunate death in custody and legal claims alleged against a medical care provider, Wellpath Community Care, LLC. The claims may or may not be true. The importance of the court’s decision is that clarifies certain legal aspects, including the distinction between public and private entities in terms of liability and accountability under specific statutes. It is vitally important to properly assert claims in a federal lawsuit regarding a detainee’s death, and not assert claims that would not be applicable to any specific defendant. The court agreed with Wellpath regarding claims referenced above, that they would not be applicable to Wellpath.

Our law firm assists those who have suffered catastrophic injury as a result of serious jail neglect, as well as the families of those who die in jails. If you need assistance, feel free to contact our firm.

Written By: