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Man sues for contracting MRSA in old jail

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By Ann McGlynn | Wednesday, March 19, 2008 |

A man who stayed in the former Scott County Jail says he contracted an antibiotic-resistant staff infection from a cellmate, after his requests to be moved from the cell.

Joseph Garza of Silvis, Ill., was in the Scott County Jail from May 2006 through September 2006 on a charge of simple assault, his lawsuit filed in U.S. District Court says. During that time, he contracted methicillin resistant staphylococcus aureus, or MRSA.

Garza is suing the Scott County Sheriff’s Department, Sheriff Dennis Conard, unknown correctional officers, the Scott County Health Department, physician Scott Ludwig and unknown medical staff.

Conard said the Scott County Health Department is responsible for providing medical care at the jail. Officials from the health department could not be reached late Wednesday, and neither could Ludwig.

According to the lawsuit:

Garza and another inmate were in their cell from 7 a.m. to 10:30 p.m. each day. After Garza was put into the cell with the other inmate, other inmates told him “you have to get moved” and “you better watch it.”

At the time, the other inmate had open sores on his body and admitted to Garza he had a staff infection and was contagious. Garza asked correctional officers, medical staff and physician Scott Ludwig if it was safe for him to remain in the same cell. He also requested a transfer to a new cell.

Garza was given triple antibiotic ointment “in response to his requests.”

Garza was infected with MRSA after two months of sharing a cell with the other inmate.

Garza and his attorneys, Michael Bush and Kevin Halligan, called the jail staff’s actions “deliberate indifference” to his “serious medical needs.”

It is the second federal lawsuit filed against the former jail in recent months.

Lillian Slater is suing the Sheriff’s Department, Conard, Ludwig and other unnamed jailers and medical personnel.

“While being held in jail, Ms. Slater endured a painful flare-up of her Sickle Cell Anemia, which required medical attention to alleviate,” the lawsuit states. “Instead of providing medical care to alleviate her medical condition, Defendant Ludwig and other unknown correctional officers and medical personnel physically restrained her in a ‘restraining chair’ for at least 7 hours.”

Slater contends that the jail’s staff members “provide woefully inadequate medical attention to inmates ... who are in need” and that those who do provide inadequate care are not adequately punished, “leading correctional officers and health care providers to believe their actions will never be scrutinized ...”

She further contends that “policy makers with final policy-making authority are aware of (and condone and facilitate by their inaction) a ‘code of silence’ in the Scott County Jail by which correctional officers and health care providers fail to report the failure to provide detainees with adequate medical attention ...”

In June, Bill Angrick, Iowa’s ombudsman, found correctional officers violated state law and internal policies by strapping the woman into a restraint chair for two hours, then five consecutive hours within an eight-hour period. She was in the jail for nine hours.

Ann McGlynn can be contacted at (563) 383-2336 or amcglynn@qctimes.com.

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