A recent $2.75 million settlement by Robins Kaplan LLP has drawn attention to a troubling case of deliberate indifference to medical needs at Anoka County Jail (the “Jail”). Deyonta Green, who struggled with addiction issues, entered the jail on February 5, 2022, shortly after his most recent drug use. Jail officials and medical staff were fully aware of the risks associated with opioid and stimulant withdrawal and the critical importance of properly utilizing and tapering medication-assisted treatment. Despite Green having a valid prescription for Suboxone, a medication critical for managing his withdrawal symptoms, Jail medical staff refused to provide him with the medication.
At the time of Green’s incarceration, Anoka County contracted with MEnD Correctional Care, a now-bankrupt healthcare company, to deliver medical services at the Jail. MEnD repeatedly failed to meet its contractual obligations, including providing adequate staffing at the Jail.
Green's repeated efforts to receive his medication, including numerous calls and emails from his family and probation officer, were ignored by Jail officials. As a result, Green endured severe withdrawal symptoms, including tremors, nausea, sleep disturbances, and eating problems. His deteriorating condition was well-documented by Jail staff, but no medical intervention was provided.
After several days of suffering without medical attention, Green's condition worsened. He fell from his bunk and was found lying in a disturbing position, partly under the bottom bunk. The fall, compounded by withdrawal, resulted in severe medical issues, including multifocal intraparenchymal hemorrhages, subdural and subarachnoid hemorrhages, an occipital epidural hematoma, acute renal failure, and other critical injuries. In a final act of neglect, Jail staff forced Green to walk down a flight of stairs to the ambulance transporting him to the hospital.
Green’s story, while particularly disturbing, is far from isolated. It underscores the alarming concern of deliberate indifference to the medical needs of incarcerated individuals.
The Anatomy of Deliberate Indifference
The term "deliberate indifference" was first introduced in Estelle v. Gamble, 429 U.S. 97 (1976), where the U.S. Supreme Court established the standard for what an incarcerated individual must prove in order to claim a violation of their Eighth Amendment rights.1
As later defined by the Supreme Court in Farmer v. Brennan, 511 U.S. 825 (1994), a prison official “may be held liable under the Eighth Amendment for acting with ‘deliberate indifference’ to inmate health or safety only if he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it.” This includes ensuring inmates receive adequate food, clothing, shelter, medical care, and protection from violence involving other prisoners.2
A Broader, Systemic Problem
While the conduct at issue in Green’s case was egregious, it does not appear to be unique. In 2024, The New York Times reported about the “broad civil rights abuses” taking place within a Georgia jail system. An investigation from the Department of Justice outlined issues including poor staffing, unsanitary living conditions, including infestations of lice and cockroaches, and excessive violent assaults of inmates.3
A 2020 Reuters report also revealed that when U.S. jails contract out their medical care, fatality rates are higher. An analysis of more than 500 jails between 2016 and 2018 revealed that facilities depending on one of the five major jail healthcare contractors experienced higher death rates compared to those where medical services were managed by government agencies.4
The Fight for Accountability
The civil-rights team representing Green, including Robins Kaplan attorneys Katie Bennett, Marc Betinsky, and Julie Moroney, worked tirelessly to ensure that the case was not only about securing compensation for Green’s injuries but also about bringing attention to the larger issue of deliberate indifference.
“This case serves as a stark reminder of the need for reform in correctional healthcare systems,” said lead attorney Katie Bennett. “The deliberate denial of necessary medical treatment not only violates basic human rights, but it also exposes individuals to preventable harm. This is not just a failure of one facility but a reflection of a much larger systemic issue within the correctional system. We must demand accountability and ensure that no one, regardless of their status, is subjected to this kind of inhumane neglect.
1 Estelle v. Gamble, 429 U.S. 97 (1976). https://supreme.justia.com/cases/federal/us/429/97/
2 Farmer v. Brennan, 511 U.S. 825 (1994). https://supreme.justia.com/cases/federal/us/511/825/
3 Sullivan, E. (2024, November 14). Justice Dept. reports broad civil rights abuses at Georgia jail system. The New York Times. https://www.nytimes.com/2024/11/14/us/politics/fulton-county-georgia-jail-justice-department.html
4 Szep, J., Parker, N., So, L., Eisler, P., & Smith, G. (2020, October 13). Special report: U.S. jails are outsourcing medical care — and the death toll is rising. Reuters. https://www.reuters.com/article/world/special-report-us-jails-are-outsourcing-medical-care-and-the-death-toll-is-idUSKBN27B1D6/
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