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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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