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Miami Herald
28-01-2025
- Health
- Miami Herald
Inmate was left yelling in pain in his jail cell until he died, Minnesota lawsuit says
The daughter of a Minnesota man who died while in state custody is suing after she says jail staff failed to provide him medical care, despite his pleas for help. A federal lawsuit was filed Jan. 27 against multiple defendants including Olmsted County, Advanced Correctional Healthcare, Inc. and USA Medical & Psychological Staffing, S.C. Olmsted County declined McClatchy's request for comment. Advanced Correctional Healthcare, Inc. and USA Medical & Psychological Staffing, S.C. did not immediately respond. Melvin Bush, 59, was arrested on March 1, 2023, on suspicion of violating a no-contact order in Olmsted County, according to the lawsuit. When he was booked into the Olmsted County Jail, he told jail staff that he had high blood pressure and was on Suboxone, according to the civil complaint. Bush tested positive for several substances, but instead of being prescribed Suboxone, he was given 'a cocktail of mild withdrawal medication' the next day, according to the lawsuit. On March 5, Bush 'began suffering from spontaneous and intense stomach pain,' the suit said. At times, he was checked by a nurse, however, the lawsuit said he was not given the proper treatment or medication. The jail nurse failed to fully check Bush's vitals, ignored pleas for help and ignored that he was not eating, the lawsuit said. Other inmates pleaded with jail staff to get medical attention for Bush as he yelled in pain from his cell, according to the complaint. '(Deputies) and (the nurse) left Melvin to continue suffering even though it would have been obvious to any layperson that Melvin had serious medical needs and needed a higher level of care than (the nurse) could offer,' the lawsuit said. Bush continued to request medical assistance from deputies, but they told him he was 'just withdrawing,' according to the lawsuit. The complaint said that Bush told deputies the medicine they gave him was not working and he needed to see a doctor. However, his pleas were not taken seriously and a deputy told the nurse, '(c)an you just come down take a look at him, just give him peace of mind(?)' the lawsuit said. Jail staff checked on Bush several times on March 5, but the lawsuit said they did not fully check his vitals or conduct a physical examination and at times only looked into his cell without going inside. Bush continued to ask for medical care and was seen 'laying, breathing heavily, moaning, and groaning,' the lawsuit said. Then, at 4:15 p.m., he was found in his cell 'stiff with his jaw wide open,' according to the complaint. Deputies 'believed' they found a faint pulse, and Bush was taken to a hospital, where he was pronounced dead. An autopsy later revealed that Bush died from a perforated duodenal ulcer, 'a serious medical condition that required prompt and appropriate care,' the lawsuit said. The lawsuit is asking for more than $225,000 in damages. Bush was a family man who loved spending time with his loved ones, according to his obituary. 'If you couldn't find Melvin all you had to do was ask one of his grandchildren 'where's Papa?' because they were usually anywhere he was,' the obituary said.
Yahoo
28-01-2025
- Health
- Yahoo
Family of man who died in custody files lawsuit against Olmsted County jail staff, health care provider
Jan. 27—ST. PAUL — The family of a 59-year-old man, who died while in the Olmsted County Adult Detention Center in March 2023, has filed a federal lawsuit, alleging Advanced Correctional Healthcare staff and ADC jail deputies failed to provide appropriate medical care. In a news release about the filing, the law firm Storms Dworak claims the 2023 death of Melvin Tyrone Bush was preventable. The complaint alleges that Bush had "obvious and escalating medical needs — including severe abdominal pain, vomiting bile, and abnormal vital signs" before he died. "Bush's cries for help and those of fellow detainees on his behalf were ignored, leading to his preventable death just hours later," the release said. The lawsuit was filed in Minnesota District Court on Jan. 27, with Areryana Bush, one of his daughters, as the plaintiff. Bush is suing Advanced Correctional Healthcare, Inc.; USA Medical & Psychological Staffing, S.C.; Jacob Hanson; Dalton Clouse; Shelby Nesler and Olmsted County. According to the lawsuit, ACH subcontracted with USA Medical & Psychological Staffing to provide medical services at the jail. Hanson is a registered nurse who was working at the jail, while Clouse and Nesler were sheriff's deputies working at the jail. Bush was found dead on March 5, 2023, four days after he was detained, by deputies conducting a well-being check, Olmsted County Sheriff Kevin Torgerson said in a news release at the time. He was pronounced dead after being transported to Mayo Clinic Hospital-Saint Marys emergency room. The lawsuit argues that the nurse and deputies were "deliberately indifferent" to Bush's medical needs while he was in custody. Bush's daughter is requesting at least $225,000 in the lawsuit for their family's actual losses and for punitive damages, which are meant to deter similar behavior in the future from the defendant. Olmsted County declined to comment on the lawsuit, according to Communications Specialist Emma Diercks. ACH and USA Medical & Psychological Staffing did not immediately respond to requests for comments. The lawsuit alleges that medical and jail staff "failed to conduct adequate assessments, ignored critical warning signs, and dismissed Melvin's condition as drug withdrawal, all while he suffered and pleaded for help." It also alleges that the defendants violated Bush's Eighth Amendment rights, which prohibits the government from imposing cruel and unusual punishments. The defendants are also accused of violating Bush's 14th Amendment rights, which prohibits the government from denying equal protection or depriving anyone of life, liberty or property without due process. The third count alleges wrongful death under Minnesota state law. According to the suit, Bush was arrested on suspicion of violating a no-contact order and detained in the jail on March 1, 2023. As he was being booked, Bush disclosed that he had high blood pressure and was taking suboxone. Bush tested positive for several substances on March 2, 2023. He was prescribed multiple withdrawal medications but not suboxone. Despite not receiving suboxone, Bush did not have any medical complaints over the next several days, the lawsuit said. From March 2 through March 4, 2023, the lawsuit claims no medical staff in the jail took Bush's vital signs. Bush began "suffering from spontaneous and intense stomach pain" on the morning of March 5, 2023. He refused the withdrawal medications from Hanson around 7:30 a.m., the lawsuit said. Three hours later, Bush called the control room to say he "needed to see a doctor ASAP." The lawsuit alleges that Hanson knew Bush was not eating and had been vomiting bile. Hanson then found a tender area on Bush's stomach. According to the lawsuit, Hanson did not document a complete abdominal evaluation. Bush's blood pressure was also taken at 99/60, which is abnormal for a patient with a history of high blood pressure, the lawsuit said. Hanson did not take Bush's pulse, respiratory rate or oxygen saturation, as depicted in the medical chart that day. Hanson charted that Bush was suffering from withdrawal symptoms, the lawsuit said. "Nurse Hanson should have notified a physician, and arranged for emergency medical evaluation, as his condition clearly exceeded the scope of care possible in the jail," the lawsuit alleges. The lawsuit argues that Hanson was "deliberately indifferent" to Bush's medical needs and "violated the standard of care." Nesler told investigators that her body camera was on while taking Bush's vitals, but Olmsted County has said that this video and other body-worn camera footage of Bush during well-being checks no longer exists. Despite Bush contacting deputies Nesler and Clouse over the intercom, they did not visit with him for several hours. Clouse told Bush he needed to let the medications set in. As Bush continued yelling in pain, other inmates informed Nesler and Clouse that Bush was asking for a doctor. According to the lawsuit, Bush struggled down the stairs into the common room around 1 p.m. He went upstairs around 1:30 p.m. to "beg Deputy Clouse for help." Clouse and Nesler contacted Hanson after receiving pleas from other inmates and witnessing Bush nearly fall. When he visited him at 1:45 p.m., Hanson did not take a complete set of vitals, according to the court document. The lawsuit said Nesler conducted a well-being check on Bush at 2:37 p.m., followed by Clouse's checks at 3:02 p.m. and 3:29 p.m. The lawsuit claims Clouse peered into Bush's cell for less than three seconds. Clouse checked on Bush once again at 3:57 p.m. Clouse observed that his "eyes were wide and his breathing was staggered." Bush said he needed medical attention, but Clouse again told him he was experiencing withdrawal symptoms, the lawsuit said. Around 4:15 p.m., Nesler completed a well-being check and saw Bush was stiff with his jaw open. Nesler continued to check on the other detainees before returning to Bush's cell to see if his chest was rising and falling. When Nesler and Clouse entered the cell, Clouse noted Bush was cold to the touch. The correctional staff engaged in lifesaving efforts until paramedics arrived. Bush was declared dead at 5:21 p.m. on March 5, 2023. An autopsy report later showed that Bush's cause of death was acute complications of a perforated duodenal ulcer, which ultimately progressed to sepsis. The lawsuit proceeds to argue that ACH has a history of failing to meet constitutional standards of care for people in custody. According to the lawsuit, ACH staff consistently provide "incomplete medical assessments and misdiagnoses."
