Articles

Former Inmate Sues County Over Medical Care

By Lauren Blau, Daily Journal Staff Writer, April 27, 1999

A former inmate at the Men's Central Jail who is a paraplegic with a bladder problem filed a claim Monday against the county of Los Angeles, alleging his civil rights were violated because jail staff refused to give him proper medical treatment.

The claim filed by attorney Robert Berke on behalf of Alfredo J. Garcia states that between Jan. 17 and March 3, Garcia was "subjected to acts of deliberate indifference, neglect, and violation of his civil rights" by the sheriff's department while he was in jail.

Garcia's assertions about his lack of medical care prompted two judges to seek reports from the sheriff's department about his condition, but the judges did not get reports back, according to court transcripts.

Garcia, who is paralyzed and confined to a wheelchair, requested a catheter to collect his urine when he arrived at Men's Central Jail in January, the claim states. He also asked for his prescription medication, which was taken from him by law enforcement personnel when he was booked into jail on bench warrants related to driving and drug offenses. According to the claim, Garcia was required to take the prescription several times a day to treat his bladder, which he is unable to control.

Although sheriff's personnel told him he would get his medication back, Garcia did not receive it during his entire time in jail, the claim states.

County Counsel Lloyd W. Pellman could not be reached Monday for comment

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Garcia, 29, contends he was faced with the choice of urinating on himself involuntarily or using a catheter that cut into his penis and inflamed his entire groin area. Also, according to the claim, he knew that inmates who urinate on themselves are sent to solitary confinement.

After Garcia used an improper-sized catheter for several days, his penis began to turn black and a large, open sore developed and became infected, the claim states. Repeated requests for a larger catheter were ignored, and after repeated requests and nearly a month in custody, Garcia was given antibacterial cream for his infection.

Garcia continued to suffer because subsequent requests for antibacterial cream were ignored and he only was given the cream three to four times before he was released on March 3.

Garcia continues to suffer emotional distress and physical scarring as a result of the lack of medical treatment, the claim states.

Failure to provide proper medical care violated two court orders, Garcia contends. South Gate Municipal Court Judge Ana Maria Luna and Los Angeles Superior Court Judge Michael A. Cowell both ordered medical reports from the jail but neither received them, according to court transcripts.

Cowell said during a court hearing March 3 that he was frustrated with "the apparent incapacity to obtain medical treatment for the persons in custody who require it. The defendant's need is immediate, and it's apparently a matter of great necessity. . ."

The court's order requiring a response back about Garcia's medical treatment in 24 hours, the judge said at the hearing, was "completely ignored."

"So this is a source of continuing frustration," Cowell said, "with Los Angeles County's inability to present or to provide what I consider to be basic medical necessities to persons in custody."