Lawsuit alleges sheriff?s department didn?t handle suicidal inmate properly

A lawsuit was filed May 5 in U.S. District Court in Bay City against members of the Presque Isle County Board of Commissioners, the sheriff, and sheriff?s department staff, regarding the 2002 Christmas Eve suicide attempt of inmate Nathan A. Dewey. The lawsuit, which was received at the county clerk?s office May 11, has been filed on behalf of Donald A. Dewey, as conservator for Nathan Dewey, and Donald A. Dewey and Ann Dewey, as individuals and parents. The Deweys are represented by John H. Underhill of Sault Ste. Marie and Harry Ingleson II of Petoskey. The complaint alleges that when Nathan Dewey was incarcerated in November 2002, sheriff?s department personnel became aware that he was suicidal. On December 21, 2002, Dewey ?inflicted injuries upon his body,? and was moved to a holding cell ?but jail personnel failed to remove all instruments…which he could use to injure himself,? the complaint alleges.

THE NEXT DAY, during a visit with his parents, Dewey?s behavior was observed to be agitated and he began to physically act out, the complaint states. His mental condition continued to deteriorate and Dewey was transported from the jail to obtain mental health services. ?…A medical doctor (who) then provided specific instructions/directions to jail personnel to institute ?suicide preventions and remove all possible methods,? ? the complaint alleges. Attorneys believe sheriff?s department staff, despite receiving instructions from a doctor ?in deliberate indifference to the obvious known serious medical needs of Nathan A. Dewey, utterly failed to follow those instructions/directions given by the treating medical doctor and, in fact, even provided the means for which (he) could attempt suicide by hanging himself,? the lawsuit states. Dewey was discovered hanging from the bars of the cell when another prisoner awoke. The inmate notified jail personnel by shouting and throwing items at the window of the dispatch office and performed CPR.

THE COMPLAINT also questions the decision of jail staff, who allegedly did not immediately perform CPR, but instructed the prisoner to continue CPR. Dewey suffered a serious brain injury and will require 24 hour care for the rest of his life. Attorneys contend, based on Dewey?s condition, he should have been put in a cell which could be ?readily observed.? The lawsuit also allege

s that county officials and sheriff?s department personnel were not properly trained to handle an inmate with suicidal tendencies. The complaint states that Donald and Ann Dewey will continue to incur ?significant economic damages? as a result of the costs associated with providing that care. The plaintiffs are seeking a trial by jury and money judgment in excess of $75,000. Presque Isle County prosecutor Don McLennan?s office had been authorized by the county board to join in negotiations to settle the pending litigation against the county last month and the plaintiffs had filed a notice of intent with the county.

Negotiations had been ongoing since December 2003 and the prosecutor had obtained copies of the correspondences exchanged by the attorneys from both sides. The Dewey family was requesting the county?s insurance policy limit, which is $2 million. The initial demand was for $6,500,000. Defendants named in the lawsuit include county commissioners Bob Schell, Allan Bruder, Gary Wozniak, Mike Darga, and Don Field; sheriff Terry Flewelling; and employees of the sheriff?s department working at the time of the incident.