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$150,000 Settlement in Suit over Kansas Jail Prisoner's Death

$150,000 Settlement in Suit over Kansas Jail Prisoner's Death

by Matt Clarke

On December 17, 2012, the County Commissioners of Shawnee County, Kansas voted to settle for $150,000 a state lawsuit by the estate and heirs of a prisoner who died after being incarcerated in a Topeka jail. The lawsuit alleged negligence by Prison Health Services (now Corizon Health, Inc.), the county commission and 12 jail employees caused the death of John Bradley Rippee, 34, who died at the jail on November 12, 2009.

The lawsuit alleged that Rippee was allowed to overdose on several of his medications, that he had been given the medications without proper clearance, and that the medical response to the overdose was delayed and directly led to Rippee's death. County commissioner Rich Ekert told the commissioners that the cause of Rippee's death was listed as "cardiac arrest" but there was no definitive way to know what caused his death. The commissioners then voted to settle the suit for $150,000, which included attorney fees.

The plaintiffs were represented by attorney Joseph P. Huerter.

The Rippee case doesn't seem to have taught the jail a lesson. On November 30, 2012, the surviving wife of a Shawnee County Jail prisoner who died after being incarcerated at the jail in December 2010, filed a civil rights lawsuit in federal court alleging violation of her husband's constitutional rights and state torts.

The family of Julio C. Aguirre took him to a crisis center operated by Valero Behavioral Health Care, Inc., where he was diagnosed with severe bipolar disorder with psychotic features and referred to Stormont Vail West (SVW). At SVW, he was diagnosed with manic depression bipolar disorder and transferred to The Residence, a Valero-run short-term crisis center.

While being admitted to The Residence, Aguirre saw some Topeka city police officers. At first he tried to hug them, but was rebuked and began to curse at them and spit on them. They arrested him.

Soon after his arrival at the jail, Aguirre started "yelling, banging on his cell and throwing items," according to court documents. Guards then used force to "calm his behavior."

Aguirre was screened as part of the booking process. He was then returned to his cell where he began to display bizarre behavior. Court documents allege that he "defecated in his cell and smeared it all around" and that he told guards he was thinking about injuring himself. This led guards to place him on suicide watch.

Over the next few days, guards used physical force, such as spraying Aguirre with pepper spray and forcibly placing him in restraints due to his bizarre behavior. Then he was observed "playing in his stool" and "throwing water and urinating on the floor and sliding naked on his butt in it." Two days later, a jail social worker called Aguirre's behavior "acutely psychotic" and said he was a danger to himself because he was refusing to eat. She requested that he be transferred to a state mental hospital and the next day he was.

Upon arrival at Osawatomie State Hospital, Aguirre was found to have bruises on his arms, lower legs, feet and face, a blister on his right heal and no blood circulation in the front portion of his right foot. His speech was incomprehensible and he was described as appearing intoxicated. He was also diagnosed with rhabdomyolysis, a breakdown of skeletal muscle tissue, often caused by severe dehydration, which can overwhelm the kidneys and liver.

Aguirre was transferred to Overland Park Regional Hospital in a state of acute renal failure, sepsis and respiratory failure. Less than two days later he died.

Kansas City, Missouri, attorney T.J. Preuss, who represents Laura V. Lopez-Aguirre, said jail officials' failure to provide Aguirre with timely medical treatment caused his death. See: Kaw Valley Bank v. Prison Health Services, Kansas District Court, Shawnee County, Case no. 11 C 1301.

Sources: Topeka Capitol-Journal; Settlement Agreement, Shawnee County Contract # C819-2012

 

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Related legal cases

Lopez-Aguirre v. Board of County Commissioners of Shawnee County

Kaw Valley Bank v. Prison Health Services