Lawsuit alleges Northfield Township police, county jail officials denied arrestee his heart medication
An Alger man is suing Northfield Township and Washtenaw County, alleging authorities ignored his pleas for his heart medication while he was in custody for several days in 2007, contributing to a heart attack after his release.
Thurman Baker, 53, is seeking more than $2 million in the suit filed Oct. 12 in federal court in Detroit.
Also named as defendants are individuals at the Northfield Township Police Department and Washtenaw County Jail, as well as SecureCare, Inc., which contracts to provide medical services there.
Baker is alleging violations of his constitutional rights, including the right to be free from cruel and unusual punishment. The lawsuit does not specify when he suffered the heart attack and his attorney, Heidi Tanner, could not be reached for comment.
Paul Burns, the township attorney, and Curtis Hedger, the county's corporation counsel, also could not be reached for comment.
According to court records, Baker's pickup truck was pulled over Oct. 11, 2007, on US-23 at Joy Road after Northfield Township police responded to a road rage incident.
Officers received a report of a “pickup truck with a male driver pointing a gun at a female driver driving a Cadillac,” Officer Jeffrey Davidson testified during Baker’s preliminary hearing.
Davidson testified he pulled Baker out of the car and found a fully-loaded revolver on him. Baker was later convicted of assault with a dangerous weapon and sentenced to probation, court records show.
Baker contends in his lawsuit that he told Davidson about his heart condition, that it required medication and that his prescription medication was in his car. The suit says Baker told Davidson he had a medical emergency card listing the medications he was taking.
Baker, who had his fourth heart surgery roughly four weeks earlier, was taken to a township jail cell where, he alleges in the lawsuit, he sat for hours and “was refused his heart medications despite his pleas."
Baker also says in the lawsuit that he was refused his medication while he was in the county jail for three days. The county had the medicine in its possession but “refused or failed” to provide it to Baker, the suit claims.
The suit says after Baker's release, he suffered an "aggravation of his pre-existing heart condition" that resulted in the heart attack.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and e-mail at leehiggins@annarbor.com.
Comments
Michigan Reader
Wed, Oct 20, 2010 : 5:22 p.m.
I didn't mean to say Latin doctrine--I meant LEGAL doctrine. And I can't find an insurer who will sell me liability insurance to protect me from a legal judgement.
Michigan Reader
Tue, Oct 19, 2010 : 8:20 p.m.
@Smiley--If you take the position that government officals are employees of the citizens, then the Latin doctrine of respondeat superior is invoked. In other words, vicarious liability. When our employees are acting within the scope of their employment, WE are liable for their malfeaseance. I WANT OUT of the business.Chkl,chkl.(Chuckle, chuckle)
KeepingItReal
Tue, Oct 19, 2010 : 7:32 p.m.
@jcj: I think that whenever a person fabricate a legal statement, there should be consequences. How many times have police officers fabricated statements that resulted in someone being jailed, yet they never suffered the consequences of their fabrication.
jcj
Tue, Oct 19, 2010 : 3:05 p.m.
@KeepingItReal Are you willing to so so far as to say IF the man is lying HE should be "held accountable"?
KeepingItReal
Tue, Oct 19, 2010 : 2:05 p.m.
@jcj: If you will re-read my blog, you will see that I said "if" the allegations are correct. However, if you were thrust into this situation, you would be singing a different song. I'm willing to bet that there is some truth to the man's allegation.
jcj
Tue, Oct 19, 2010 : 12:09 p.m.
@KeepingItReal Smiley & Chuck Hard to believe that all of you ASSUME that this convicted felon is telling the truth! Another case of a certain portion of the populace rushing to judgment! Lets suppose it is proven this person is just trying to bilk the County and Township out of whatever amount he can get. What then? Will you be so quick to ask that HE go to jail or be made to pay all cost associated with the law suit? I will always believe the convicted felon blindly.lol!
Paul
Tue, Oct 19, 2010 : 11:03 a.m.
Intake procedures at the county jail include the subject being asked about medical conditions and prescriptions. The medical staff at the jail then interviews those with medical issues. While at the jail, the medical staff identifies the medical needs of the inmates and determines medical treatment. The police officer who arrested the subject would not bring medication into the jail, as it could be anything. It could even be prescription medication that is being abused. The medical staff within the county jail should answer questions about medical care provided to this man.
KeepingItReal
Tue, Oct 19, 2010 : 11 a.m.
@smiley. I agree. We, the taxpayers of this community will probably end up paying for this if it is determined the officials were in violations of this man's constitutional rights. The sad part is that if someone is fired for wrong doing, then that person will file a lawsuit seeking compensation and we will probably pay again. The problem is that we as taxpaying citizens like to think that because a person gets locked up, they lose their rights as a citizen of this country and therefore can be treated anyway the system wants to treat them.
Chuck
Tue, Oct 19, 2010 : 10:15 a.m.
The officials are making life or death decisions, but are too ignorant to know the difference. I hope this guy gets all 2 million. This is standard practice to deny people their medications, thinking they are just getting high on them when in fact, they could be life saving. Let this be a lesson to ALL officials who deny someone their medications. I also hope there is some punishment involved for those who did this.
wlkate
Tue, Oct 19, 2010 : 9:58 a.m.
My question is why has it take 3 years to file this lawsuit?
DFSmith
Tue, Oct 19, 2010 : 9:57 a.m.
A convicted felon is suing the criminal justice system? How many of those law-suits based on legitimate grounds? I am very suspicious of the story this felon tells.
donderop
Tue, Oct 19, 2010 : 9:47 a.m.
Yeah, I imagine (allegedly) pointing a gun at another driver must be very stressful. Officers should have considered his delicate constitution when they arrested him.
uomphat
Tue, Oct 19, 2010 : 9:32 a.m.
Maybe a life style change is more in order? Four heart surgeries, road rage with a loaded gun? This guy is doing (and has done) way more injury to his self over the YEARS than missing three days worth of meds. Plus, most meeds build up in a persons system, so maybe all we are talking here is really one day or a day and a half. Change your lifestyle Baker!
Smiley
Tue, Oct 19, 2010 : 9:15 a.m.
@ KeepingItReal - If by "held accountable" you mean fired and held personally liable for any judgment or award, I'm with you. Understand though that "held accountable" most likely will mean that taxpayers fund a settlement, and that means that you and I are the ones being held accountable for the wrongdoing. What did we do wrong?
KeepingItReal
Tue, Oct 19, 2010 : 8:52 a.m.
If the allegations as summarized in this blog is true, not only should this gentleman's lawsuit be validated, the DOJ should conduct an investigation into the matter. It makes no sense that a person who is arrested and has prescribed medication be denied his/her medication while in custody. This is clearly a violation of ones constitution rights. If it is found that he was wrongly denied his medication, those responsible should be held accountable.