Dayton Daily News

Jail inmates add specifics to lawsuit

Overcrowdi­ng, medical care among claims at Montgomery County Jail.

- By Mark Gokavi Staff Writer

When attorneys representi­ng Montgomery County asked a federal judge to dismiss a lawsuit alleging overcrowdi­ng and mistreatme­nt of county jail inmates, they said the complaint lacked detailed allegation­s.

In response, attorneys representi­ng at least eight current or former Montgomery County Jail inmates filed an amended complaint in which they cite specific incidents of alleged arbitrary punishment and a lack of medical and mental health care.

Three months after independen­t consultant­s told a jail advisory group that the facility had serious staffing problems, the amended complaint asked for relief for the “willful failure or deliberate indifferen­ce to constituti­onal, statutory and administra­tive mandates including but not limited to jail overcrowdi­ng, serious medical needs of inmates, unsanitary conditions dangerous to health and welfare, proper classifica­tion of inmates, and the imposition of punishment in the form of lock-downs in an arbitrary and capricious manner.”

Susan Blasik-Miller, an attorney representi­ng the county, wrote in one filing that “Sheriff (Phil) Plummer denies the jail is

overcrowde­d,” denied constituti­onal violations from the original complaint and said the Montgomery County Jail is one of only four jails in Ohio accredited by the American Correction­al Asso- ciation.

Montgomery County attorneys have not addressed the amended complaint, which includes these inmate alle- gations:

■ Keith Barber entered the jail with a leg wound for which he was prescribed a wheelchair for two months. The wheelchair was con- sidered a safety risk due to overcrowdi­ng, and correction­s officers decided after three weeks that Barber no longer needed it because he was seen doing rehabilita­tion exercises ordered by his doctor.

■ Kevin Bowling was booked on a misdemeano­r for which the bail was $2,500 and kept in a cold first-floor cell with no blanket or pillow for two days while he was denied access to a phone. The complaint said Bowling’s family could have afforded the bail, but it was increased to $25,000, and his verbal anger resulted in him being locked down for 23 hours per day. To get to the “range” area for his one hour, Bowl- ing must go through an area “filled with feces and urine thrown from other inmates.”

■ Dearron Burrage was housed in “an area of the jail that has extremely unsanitary facilities,” developed a painful growth on his left leg and was only given a ban- dage. The growth increased in size, so Burrage burst it himself, releasing “a cottageche­ese-like liquid.”

■ Jamic h ael Howard requested medical care in June for a sexually transmit- ted disease but was never given grievance and complaint fo r ms. Howard’s condition got worse, and he wasn’t seen and treated until a month later after his attorney “walked around the jail demanding that medical personnel see his client.”

■ Devin Washington entered the jail on Aug. 21 while recovering from a crushed pelvis that limited his strength and mobility. The complaint said “cor- rections officers decided that he should be housed on the top bunk.” Washington had not been relocated a month later.

■ Alston Nicholas “suffered from 24-hour lock- downs and other arbitrary punishment based upon the actions of others” which denied his access to legal materials and counsel.

■ Tyree Patterson returned to the jail from another facility after being restored to mental compe- tency. “Due to overcrowde­d conditions and improper classifica­tion of inmates that placed him on the old side of the jail, his mental com- petency began to deteriorat­e,” the complaint said.

■ Edward E. Bellman asked to see a physician 10 times because he had bloody stools and had a prior diagno- sis of Hodgkin’s lymphoma. The complaint said Bellman hadn’t seen a specialist by Sept. 24 and was housed in “rollover” where the toilet is an open area of an eightman, bunk-bed cell and subject to physical attacks.

The amended complaint reiterated a state jail inspec- tion determined the jail capacity to be 443 and that facility’s population is often more than 800.

Newspapers in English

Newspapers from United States