The Richmond Register

Local News

October 8, 2013

Former inmate claims he was denied dialysis at jail

RICHMOND — A former inmate at the Madison County Detention Center has sued the jailer, along with the facility’s medical staff, claiming he was denied dialysis treatment while incarcerated.

Jailer Doug Thomas has responded to the suit and denied he acted negligently in his care of 54-year-old Donny Marcum, who resides in Jackson County.

Marcum was arrested Sept. 13, 2012, and was later indicted on charges of manufacturing methamphetamine, first-degree possession of a controlled substance and first-degree persistent felony offender.

He is set for trial Nov. 4 and faces the possibility of 20 to 50 years, or life, in prison on the manufacturing charge.

Marcum alleged in his civil complaint that he told jail employees he receives dialysis three days a week at the Richmond Dialysis Clinic.

The jail’s nurse, Jude Patrick Maus, was given this information, which he reported to the facility’s doctor, Dr. Ronald J. Everson, according to the lawsuit.

Maus and Everson also are named as defendants in the lawsuit.

During his weeklong incarceration, Marcum said his legs swelled and he developed elevated blood pressure. Everson reportedly prescribed some medication to lower Marcum’s blood pressure.

The doctor also “advised he should lay down,” and the nurse should “ice” Marcum’s legs to reduce swelling, according the lawsuit.

On Sept. 19, 2012, “(Marcum) was taken by police or members of the Jail’s staff to Pattie A. Clay Regional Medical center where he was found to be in end-stage renal failure, was unresponsive and was in emergent need of dialysis,” Marcum’s complaint stated.

The online Madison County Detention Center jail log shows that Marcum was released that day and has not returned to the facility.

Marcum is asking for damages related to his past and future physical and mental pain and suffering, along with his medical treatment costs. He also is asking the court to award punitive damages.

While Thomas acknowledged in his Sept. 30 response that Marcum was transported to the hospital Sept. 19, 2012, “the Plaintiff’s damages, if any, were directly and proximately caused by the Plaintiff’s negligent and/or intentional actions, or action or inaction of third parties not under the control of Jailer Thomas.”

Thomas additionally defended his actions by stating they were taken in the scope of his official duties in good faith, without malice.

Thomas also claimed several types of immunity from the lawsuit’s allegations, including governmental, official and qualified immunity.

Everson and Maus have not yet responded to Marcum’s complaint. No court date has been set in the case, which has been assigned to Madison Circuit Judge William G. Clouse.

Marcum is represented in the civil case by Gregory A. Belzley of Belzley Bathurst Attorneys, Prospect. Thomas’s attorney is D. Barry Stilz of Kinkead & Stilz, Lexington.

Thomas did not return calls Tuesday from the Register seeking more information.

Sarah Hogsed can be reached at shogsed@richmondregister.com or 624-6694.

 

1
Text Only
Local News
  • 4-23 Gravestone.jpg In search of the last resting place

    At a popular illegal dump site off Bybee Loop in Waco, two marble grave markers were among some items found there by Pat and Ronnie Aldridge, residents who live about 250 yards from the area.

    April 22, 2014 1 Photo

  • Fiscal court awards EMA bids

    Two more bids were awarded at Tuesday’s Madison County Fiscal Court meeting for the emergency operations agency.

    April 22, 2014

  • 4-23 Peter Crowe.jpg Intoxicated man charged with wanton endangerment

    A 27-year-old Richmond man was charged Sunday with second-degree wanton endangerment after he was found intoxicated and walking with several young children in the Keystone Drive area, according to a Richmond police report.

    April 22, 2014 1 Photo

  • Absentee voting available for May 20 election

    Walk-in absentee voting for the May 20 primary has begun and will continue until May 19, County Clerk Kenny Barger announced Tuesday at the Madison Fiscal Court meeting.

    April 22, 2014

  • 4-23 Tab-a-PULLooza1.jpg Friday last day to collect pop tabs for Tab-a-Pullooza

    Before throwing that soda can in the recycling bin, twist off the pop tab and donate it to a local elementary or middle school for this year’s Tab-a-Pullooza celebration.

    April 22, 2014 4 Photos

  • Pot throwing downtown leads to arrest

    A Berea man was arrested Saturday after police say he damaged a downtown Richmond business and a parked vehicle by throwing flower pots.
    Jonathan A. McCullough, 34, was charged with first- and third-degree criminal mischief as well as alcohol intoxication, according to a Richmond police report.

    April 21, 2014

  • London police chief ordered to stay away from Berea woman

    A woman who who moved to Berea in February 2013 after a live-in relationship with London Police Chief Stewart O. Walker has obtained an emergency protective order against him from Madison Family Court.

    April 21, 2014

  • Task force reveals plan to make ‘Meaningful Math' matter

    It’s all too common to hear parents say, “I was never good at math...,” as if to excuse their children for not being good at math, said Madison County Schools Superintendent Elmer Thomas.

    April 21, 2014

  • WP_20140419_001.jpg Cruisin’ with the Oldies

    With the sound of classic songs wafting through the air Saturday, hundreds of people took advantage of the summer-like temperatures and turned out for the Kirksville Community Center car show.

    April 21, 2014 9 Photos

  • 4-18 Hong Kong 1.JPG Hong Kong fifth-graders visit Kit Carson

    A group of students from Hong Kong got a taste of the bluegrass last week thanks to an invitational education program at Kit Carson Elementary School.

    April 21, 2014 3 Photos

AP Video
Bon Jovi Helps Open Low-income Housing in Philly Pipeline Opponents Protest on National Mall Hagel Gets Preview of New High-tech Projects S.C. Man Apologizes for Naked Walk in Wal-Mart New Country Music Hall of Fame Inductees Named 'Piles' of Bodies in South Sudan Slaughter New Yorkers Celebrate Cherry Blossom Blooms SCOTUS Hears Tv-over-Internet Case Justice Dept. Broadening Criteria for Clemency Chief Mate: Crew Told to Escape After Passengers 'Miss Meadows' Takes Holmes Back to Her Roots Biden: Russia Must Stop Talking, Start Acting David Moyes Out As Manchester United Manager Raw: Leopard Bites Man in India Iowa College Finds Beauty in Bulldogs High Court to Hear Dispute of TV Over Internet Stowaway Teen Forces Review of Airport Security
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Should Richmond rezone the southwest corner of Main Street and Tates Creek Avenue to B-1 (Neighborhood Business) with restrictions to allow construction of a financial services office?

Yes
No
     View Results