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New York City settled a lawsuit for $2 million dollars with the family of a prisoner who had died while in custody. The prison had allegedly mistreated the prisoner, who had displayed signs of alcohol withdrawal.
The prisoner, Oswald Livermore, died at age 51 in May 2007, 28 hours after having been apprehended. He was apparently drinking two to three pints of rum per day. His wife prohibited him from returning home, and he was taken to the Manhattan Detention Complex, or "The Tombs." There, he displayed characteristics of disorientation and agitation. Though he admitted to drinking regularly, prison officials did not take him to a hospital, as is proper protocol under such conditions. He was evaluated several times, but was not transferred from the prison's general population.
Ironically, the city believes it did not act improperly. Prison health officials maintained their medical evaluations were thorough and did not warrant transferring Livermore to an outside clinic.
On the other hand, a federal judge in January cited several investigations -- which uncovered "a host of failures," one of which showed "deliberate indifference" to the prisoner.
Still, it is true that some correction officers were concerned about Mr. Livermore. Both the judge and the victim's counsel highlighted the need for increased efforts to have better communication between officials when prisoners with alcohol or drug problems are admitted.
If you would like more information about how medical malpractice, wrongful death and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
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