How to File a Jail Neglect Claim

Many people wonder whether jails can be sued for neglect which leads to serious injury or death of inmates. Some states allow counties, cities, and towns to be sued for such neglect, but in all states, counties can be sued for constitutional violations for failing to provide medical care and or failing to otherwise protect prisoners in their jails. These civil rights cases are difficult at best to file, and it is important to have an experienced attorney to assist.

Constitutional claims are usually filed in federal court. However, even if a person files a constitutional/civil rights claim in state court, most defendants will “remove, or in effect transfer, the case to federal court. Federal court standards, regarding what must be contained in documents that initiate the suit, typically referred to as a “complaint,” are much more difficult than in most state courts. One recent case example brings home this point, in a situation in which a prisoner brought his own lawsuit.

In the case of Bryant Buchanan vs. Wendy and others, Bryant Buchanan, who is a prisoner representing himself without a lawyer, filed a lawsuit in the United States District Court in South Bend, Indiana. Buchanan alleged that Nurse Wendy falsely recorded his weight as 145 pounds when it was actually 143 pounds on September 18, 2023, and that she denied him extra food to regain his weight to 175 pounds. He also claimed that after he initiated the lawsuit, he was provided with additional food and medical treatment to cover up Nurse Wendy’s alleged false documentation. As a result, he sought $80,000 in damages.

The court acknowledged that documents filed by individuals representing themselves, like Buchanan, are interpreted more liberally and held to less strict standards than those drafted by lawyers. However, the court must still review the merits of the case under 28 U.S.C. § 1915A, which allows for the dismissal of a prisoner’s complaint if it is deemed frivolous, malicious, fails to state a valid claim, or seeks monetary relief from a defendant who is immune.

Buchanan’s complaint primarily revolved around Nurse Wendy’s alleged inaccurate weight recording and denial of extra food. He believed that these actions violated his rights as a pretrial detainee under the Fourteenth Amendment, which entitles detainees to adequate medical care. To establish a violation of this right, Buchanan needed to show that there was an objectively serious medical need, the defendant acted unreasonably in responding to that need, and the defendant acted purposefully, knowingly, or recklessly with respect to the risk of harm.

In both his original and amended complaints, Buchanan claimed that Nurse Wendy inaccurately recorded his weight by only two pounds on one occasion. The court assumed that he had an objectively serious medical need but found that his complaints did not provide enough evidence to suggest that Nurse Wendy’s actions were objectively unreasonable. Therefore, Buchanan failed to state a valid claim against Nurse Wendy.

The court also pointed out that Buchanan’s complaints were confusing because he listed multiple defendants, including St. Joseph County Jail, Wellpath, and others, even though he stated he was suing only one defendant. St. Joseph County Jail was deemed not to be a suable entity, and Buchanan couldn’t proceed against St. Joseph County or the jail. Wellpath, a private corporation, could not be held liable under Section 1983 for its employees’ actions related to civil rights violations.

Despite having the opportunity to amend his complaint, Buchanan did not address the deficiencies identified by the court. In most civil cases, defective pleadings are allowed to be corrected, especially in the early stages. However, the court has the discretion to deny leave to amend if it believes that such amendments would be futile. In this case, due to the reasons previously explained, the court concluded that allowing further amendments would be futile. As a result, the court dismissed Buchanan’s case under 28 U.S.C. § 1915A on January 26, 2024.

We have several attorneys at our law firm experienced in handling jail neglect and abuse cases. We find unfortunately that people are not always provided medical and or mental health care in jails, many of whom do not survive the experience. If you suffered life-altering injuries, or you had a relative who died in a jail as a result of neglect or abuse, or assault by jailers or other detainees, feel free to contact us to see if we can help.

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