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Can I sue a Sheriff's Department and it's health provider for denying me my medication's while incarcerated?

Lagrange, GA |

I was recently incarcerated for a 72 hour period. I was denied my medications (14 pills a day) the whole time that I was there. My medications were delivered to the jail, from my home, by the arresting officer and handed to the on-duty nurse in my presence during the inprocessing.

Attorney Answers 1


Years ago, while a law student clerk in a Spokane law firm, I researched this question. We took the position that once our client was put in the county jail, the county had a duty to take reasonable care to prevent forseeable harm to our client. In this case, our client was a known substance abuser, went into shock, had the dts and convulsed to death. Jail staff did nothing to intervene, even though they knew this sequence of events was occuring. The case was settled.

In your case, it seems to me if withholding your meds caused or worsened a medical condition of yours, and your jailors were aware of the need for you to take these meds (and had them in their possession!), you'd have a claim for damages. Good luck!

This response is for general purposes only, is not legal advice and does not constitute an attorney client relationship with the questioner.

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