District Judge Dismisses Inmate Medical Complaint

Source: The Times-News, Twin Falls, IdahoDec.迷你倉 11--TWIN FALLS -- A district judge has dismissed a case filed by HIV-positive inmate Teddy Gene Escamilla, who claimed the jail could not properly care for him, delayed his medication and put other inmates in danger.Twin Falls County District Judge Randy Stoker dismissed the case but said Escamilla could file a new case if the jail later fails to adequately provide care as required by law.Stoker said he did not find that the jail was deliberately indifferent to Escamilla's needs. "Deliberate indifference" would warrant some action and relief for Escamilla, Stoker wrote.The judge took up the case after a bond hearing in which Escamilla complained about his medical treatment in the jail. Stoker ordered Fuller Law Office to investigate those claims and look into filing a writ of habeas corpus, which gives an inmate an opportunity to show the judge he is being detained illegally."As far as I know, no district judge has ever addressed the issue of the level of appropriate medical treatment expected under the law at the Twin Falls County Jail for inmates," Stoker said at the Dec. 4 hearing. "And yet we are constantly in here hearing complaints about the jail in bond hearings."Stoker found that the jail tried to get Escamilla's medication delivered promptly, went through proper channels and had his best interest in mind."It is indeed unfortunate that it took nearly 40 days to obtain the medication, but under the circumstances, this delay is understandable," he wrote.The delay is not the jail's fault, Stoker wrote. Rather, it could be partly attributed to Escamilla's inaccurate reporting of his medical history, and partly to the process required to verify that Escamilla had received the correct medication."If there are unacceptable delays, the fault (if any) lies with both the nature of these ailments and the Wellness Center, not the jail," Stoker wrote.A message left with a receptionist at the Wellness Center in Boise Tuesday was not returned by deadline.Stoker also concluded that the fact that Escamilla is not isolated from other inmates does not pose a risk to other inmates or himself.Escamilla's attorney, Dan Brown, had smini storageid his client had an ongoing nose bleed and bleeding from deep cracks in his feet.Stoker ruled that if the nose bleed was caused by Escamilla not having anti-viral medication, it would not be "deliberate indifference. If this condition is a consequence of a different condition, however, the jail's conduct is more suspect."Although Escamilla said he repeatedly called attention to his nose-bleed, Stoker wrote, jail head nurse Lou Probasco seemed "oblivious" to the condition."Nevertheless, the court cannot find that such oblivion constitutes 'deliberate indifference,'" the judge wrote. "Moreover, the jail is now clearly aware of the medical complaint and is on notice that it should be addressed."In an affidavit filed Dec. 6, Probasco responded to Escamilla's testimony.The nurse said he saw Escamilla the day before the hearing, and the inmate didn't complain of a bloody nose. After court Dec. 4, Escamilla told Probasco his nose had stopped bleeding."Mr. Escamilla stated that he didn't know why he needed to be in isolation if he did not have a bloody nose," Probasco wrote.Because no blood or biohazard was present, Probasco decided Escamilla did not need to be isolated.Stoker had asked Probasco to put Escamilla's bloody tissues into a biohazard container. Upon inspection, Probasco wrote, it was discovered the tissues had been wrapped around red candy wrappers, making them appear to be saturated in blood. Small spots of blood were on the tissues, he said, but those did not amount to a biohazard.Escamilla was taken to the emergency room to address his report of a bloody nose, cracked, bleeding feet and pain, Probasco wrote.Stoker wrote that he appreciated Escamilla's concerns about his treatment, but that the jail was not ignoring his problems.Monday, Escamilla pleaded guilty to the felony driving under the influence charge on which he was arrested in October. Stoker asked how he was feeling, and Escamilla said he felt much better. He is to be sentenced Feb. 2 to up to 10 years in prison plus a $5,000 fine.Copyright: ___ (c)2013 The Times-News (Twin Falls, Idaho) Visit The Times-News (Twin Falls, Idaho) at magicvalley.com Distributed by MCT Information Servicesself storage