A Colorado Springs man arrested and held in Larimer County Jail last year filed a lawsuit against several county and jail officials alleging violations of his eighth and 14th amendments based on his experience there makes.
Dustin Napier, represented by Maria-Vittoria Carminati and nationwide civil and human rights firm NDH Law, filed the civil rights lawsuit against the Larimer County Board of County Commissioners, Sheriff Justin Smith, in March in Colorado's U.S. District Court, Sheriff Justin Smith, both his individual as well as his official skills, Sheriff & # 39; s Office Capt. Timothy Palmer, two unnamed prison officers, Luke Albrook, also a correctional officer, and Armor Correctional Health Services and some of its staff.
According to court records, during a firearms background review in March last year, Napier found that he had a year-long arrest warrant for a non-violent crime. He was arrested and admitted to Larimer County Jail in Fort Collins as the first-time nonviolent offender on March 12, 2020.
Two correctional officers identified only as John Does 1 and 2 allegedly did not conduct any threat assessment to Napier or his cellmate. The complaint states that this is a violation of the perpetrator's policy for reviewing criminals in prison. As a result, Napier's cellmate allegedly attacked Napier and broken his jaw.
Napier was rushed to Poudre Valley Hospital in Fort Collins, where an ambulance said Napier needed a surgical consultation within two days, according to the lawsuit.
The complaint at the time stated that Armor's medical service providers, including Dr. Charles Davis, Dr. Keith McLaughlin, Nurse Hannah Holiday, and Medical Assistant Michelle Wilson were "obliged" to order or begin the process of ordering an outside consultation to Napier to ensure they received such advice, but they did not.
Instead, Armor's medical service providers let “Mr. Napier knowingly back in his cell, bleeding from his mouth, excruciatingly, could not sleep and constantly drank his own blood for four days, ”it says in the suit. He later graduated and received medical care himself.
"In the constitution, prisons are not subject to a delegable obligation to provide all the necessary medical care that their inmates need," the complaint said. "However, based on information and beliefs, Larimer County and Armor have been under pressure to reduce the cost of off-site hospitalization."
There are eight counts in the lawsuit, six of which represent a violation of Napier's eighth and 14th amendment rights. The eighth guarantees the right not to be subjected to cruel or unusual punishment, and the 14th amendment guarantees the same protection under the law.
The counts include:
Graf I – Violation of the eighth and 14th amendments through willful indifference to serious medical needs: a federal lawsuit against Dr. Davis, Dr. McLaughlin, Hannah Holiday and Michelle Wilson.
Count II – 8th and 14th Amendment Violation Due to Inadequate Medical Care: A Company Liability Claim against Sheriff Smith and the BOCC in their official capacity.
Count III – Violation of 8th and 14th Amendments by Failure to Classify and Adequate Supervision of Prisoners: A Company Liability Claim against Smith and BOCC in their official capacity.
Count IV – Violation of Eighth and 14th Amendments by Failure to Classify and Monitor Prisoner's Duty of Supervision: A Liability Claim Against Smith and Palmer in their Individual Capacity.
Count V – Violation of Eighth and 14th Amendments by Deliberate Indifference to Serious Risk of Damage: a federal lawsuit against John Does 1-2 and Albrook in their individual capacity.
Count VI – Violation of the 8th and 14th amendments due to inadequate medical care: a federal claim against armaments.
Count VII – Medical Malpractice and Ordinary Negligence: A State Lawsuit Against Dr. Davis, Dr. McLaughlin, Hannah Holiday and Michelle Wilson in their individual capacity.
Count VIII – Respondeat Superior, a charge that a party is responsible for the actions of its agents, a state lawsuit against Armor.
During the weekly administrative commissioners meeting, the commissioners voted 3-0 on a motion to authorize the district attorney and their co-counsel Bruno, Colin, and Lowe, the county, the board of commissioners, Smith, and all Larimer County employees defend as well as offer full compensation. This does not include Armor and its medical staff.
The case is scheduled for a planning conference on June 16 at 10:45 a.m.