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Federal Jury Awards $225,000 to Georgia Prisoner Denied Glaucoma Medication
In this case published in April 1991, a federal jury awarded $225,000 to a
man who was denied prescribed glaucoma medicine while in the Fulton County
(Georgia) Jail.
Plaintiff Smith (first name unknown), was arrested for trafficking cocaine
and placed in the Fulton County Jail where he remained from June 7 to July
1, 1986 -- a period of approximately three weeks. Smith had long suffered
from glaucoma and had lifetime prescriptions for eye drops to treat the
disorder, which he kept with him at all times. At intake Smith's glaucoma
medication was confiscated and never returned during his three-week stay
at the jail. The lack of medication apparently led to blindness in Smith's
left eye.
Smith sued the Medical Director of the Fulton County Jail under 42 U.S.C.
§ 1983, claiming that the failure to provide him with his glaucoma
medication constituted cruel and unusual punishment because it showed
deliberate indifference to his serious medical needs.
At trial Smith testified that when previously imprisoned at the jail his
glaucoma medication had been returned after the intake process was
completed and that when he ran out of the medication, more was provided
upon his written request to the jail's medical department.
During the trial the jury was made aware of the fact that Smith's medical
records were available for all the dates of his imprisonment at the jail,
both before and after June and July 1986, but not for the three-week
period in question. The defense provided no explanation for the missing
records. Both parties relied on the testimony of an opthamologist who had
treated Smith and who was an expert on glaucoma.
Smith prevailed on his claims and was awarded $225,000 by the jury. A
breakdown of the award was not provided.
Smith was represented by Randall F. Hafer and Mary Ulmer Jones of the
Atlanta law firm Currie & Hancock. See: Smith v. Franklin, USDC ND GA,
Case No. 1-88-CV-549-RLV.
man who was denied prescribed glaucoma medicine while in the Fulton County
(Georgia) Jail.
Plaintiff Smith (first name unknown), was arrested for trafficking cocaine
and placed in the Fulton County Jail where he remained from June 7 to July
1, 1986 -- a period of approximately three weeks. Smith had long suffered
from glaucoma and had lifetime prescriptions for eye drops to treat the
disorder, which he kept with him at all times. At intake Smith's glaucoma
medication was confiscated and never returned during his three-week stay
at the jail. The lack of medication apparently led to blindness in Smith's
left eye.
Smith sued the Medical Director of the Fulton County Jail under 42 U.S.C.
§ 1983, claiming that the failure to provide him with his glaucoma
medication constituted cruel and unusual punishment because it showed
deliberate indifference to his serious medical needs.
At trial Smith testified that when previously imprisoned at the jail his
glaucoma medication had been returned after the intake process was
completed and that when he ran out of the medication, more was provided
upon his written request to the jail's medical department.
During the trial the jury was made aware of the fact that Smith's medical
records were available for all the dates of his imprisonment at the jail,
both before and after June and July 1986, but not for the three-week
period in question. The defense provided no explanation for the missing
records. Both parties relied on the testimony of an opthamologist who had
treated Smith and who was an expert on glaucoma.
Smith prevailed on his claims and was awarded $225,000 by the jury. A
breakdown of the award was not provided.
Smith was represented by Randall F. Hafer and Mary Ulmer Jones of the
Atlanta law firm Currie & Hancock. See: Smith v. Franklin, USDC ND GA,
Case No. 1-88-CV-549-RLV.
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Related legal case
Smith v. Franklin
| Year | 1991 |
|---|---|
| Cite | USDC ND GA, Case No. 1-88-CV-549-RLV. |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 225000 |
| Injunction Status | N/A |
no case text.