Family Files Lawsuit in Inmate's Death

Phoenix, AZA federal inmate died while in the Muscogee County Detention Center and now his family is suing for the wrongful death of their loved one. The lawsuit was filed on March 5, 2008 in federal court on behalf of Charles Leon Weatherford's two surviving children and his estate. The lawsuit names nine jail employees, Sheriff Charles Pearson, and the Muskogee Board of County Commissioners as defendants in the suit.

Filed in the U.S. District Court of Eastern Oklahoma, the complaint alleges that Weatherford was complaining of numbness in his left arm, chest pains, and shortness of breath during his last 24 hours of life. The attorney for Weatherford's children and estate, Corrine O'Day, has stated that it is the constitutional right of inmates to have medical care when they need it, and that detention centers and other agencies similar to them are responsible for providing that care when an inmate falls ill.

Sheriff Pearson has said that it was not intentional for Weatherford to not be granted the proper medical care; that those within his office did not intentionally deny Weatherford the help that he needed.

Gene Wallace, the Muskogee County Commissioner, said that Weatherfordís death was quite unfortunate, but that unfortunate things happen in large jails such as the one in Muskogee County. He has further stated that the county does everything they possibly can to provide inmates with the best health care that can be provided to them while they are housed within the facility.

O'Day alleges that Weatherford's pleas for help and for immediate medical care was ignored by the employees in the jail. She also alleges that the employees accused Weatherford of faking a heart attack. After the pleas for medical attention, Weatherford died nearly 24 hours after his first request to be seen by a doctor. Furthermore, O'Day alleges that Weatherford was taunted with various statements. Amongst those statements were questions asking him if he was a doctor since he knew he was having a heart attack.

The lawsuit also alleges that the telephones were shut off by the employees when Weatherford tried to call his girlfriend and that the employees ignored the pleas of other inmates trying to get help for Weatherford.

O'Day states that the jailers' failure to seek out medical care is a violation of Weatherford's civil rights. The lawsuit also asks for damages under state statutes for wrongful death and also asks for punitive damages. O'Day says that she is looking forward to providing some relief to Weatherford's grieving family for his untimely death

As for any cost that would have been accrued due to Weatherford receiving medical care, that was never an issue. Because of Weatherfordís status as a federal inmate, the cost of his care was not on the hands of the jail or the county. The federal government pays to keep the inmates in the jail and also fits the bill for medical costs just like they do in federal prisons and detention centers. As of yet, the sheriff, the employees and the commissioners have not been served with the lawsuit, so they are not able to offer substantial comment on the charges.

However, Sheriff Pearson has stated that the death of Weatherford is certainly a tragedy that affects many people. It is just a sad fact that his death had to take place within the jail.

In turn, Weatherfordís death within the jail and accounts by fellow inmates alleging the behavior of the employees within the jail has led to the wrongful death lawsuit against the defendants and the defendants to not admit any type of wrongdoing in the case.

By Ginger Gillenwater