ILNews

Former inmate files suit over medical care

Michael W. Hoskins
January 1, 2008
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A former Indiana Department of Correction inmate has filed a federal suit claiming that county jail staff and contracted medical personnel didn't give him proper medical care and contributed to his development of cancer while he was behind bars.

New Richmond resident Phillip Andrew Springer filed suit Thursday in the U.S. District Court in Indianapolis seeking damages against the Putnam County Sheriff's Department, correctional authorities, and contracted medical providers for "deliberate indifference" to his medical needs while he was incarcerated. As a result, the now 28-year-old is paralyzed, needs constant care from his parents, and may have a year to live, the lawsuit claims.

Named as defendants in the suit are Putnam County Sheriff's Department, Sheriff Mark Frisbee, a correctional officer serving as a jail nurse, the jail physician, the Missouri company Correctional Medical Services that contracts with the state's DOC, and three medical personnel working for the company.

"This is one of the worst examples of negligence and deliberate indifference to an inmate's serious medical needs that I've seen in a very long time," said Indianapolis attorney Richard Waples, who is representing Springer. "Now, he will pay for their indifference with his life."

The case comes from Springer's arrest in April 2006 on alcohol-related charges that landed him in Montgomery County jail. The suit says that Springer moved between the Montgomery and Putnam jails and two state DOC facilities - one in Plainfield and one in Putnamville - during the next five months, but he was repeatedly denied medical care despite authorities' knowledge of his medical history. He'd had cancerous tumors removed from his lower spine following two surgeries in 2000, and doctors told him that any back pain he developed should be examined immediately because it could mean a recurrence of the cancer, according to the suit.

In his 11-page suit, Springer details how various county and state officials either ignored or delayed his and his parents' claims for medical examinations, and when he did receive them the medical personnel "ignored the gravity of the situation." As a result, Springer alleges that his condition worsened; he became partially paralyzed before finally being transported to the hospital for evaluation, where tests showed he had cancerous tumors on his upper spine and the cancer had spread to his brain.

The sentencing judge in Montgomery County, David Ault, intervened and released him from the state's custody in August 2007 to allow for radiation treatment.

Springer's suit claims the defendants participated in cruel and unusual punishment and denied him needed medical services.

"Defendants' actions and failures to act were deliberately indifferent to Mr. Springer's serious, life threatening medical needs," the suit says. "Defendants' actions and inactions have caused Mr. Springer tremendous pain and suffering and will result in his death."

Chief Judge David F. Hamilton has been assigned to the case, which plaintiffs have requested to be placed on an expedited timetable because of Springer's condition.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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