Mom Appeals Court docket Ruling on Son Overdosing Dying in Davis County Jail | courts

FARMINGTON – A Layton woman sued in Davis County Jail for overdosing death on her son has appealed in US 10th Court of Appeals.

U.S. District Judge David Barlow ruled February 17 that prison staff and the district were not liable for civil damages on December 14, 2017, the death of Gregory Hayes.

Susan Johnson, Hayes’ mother, lawyers filed papers Tuesday in Denver asking the district court to overturn Barlow’s decision.

Johnson filed a lawsuit on behalf of Hayes’ estate and underage son in 2018. She raises the boy.

Johnson’s attorneys argued that prison staff were deliberately indifferent to providing constitutionally acceptable medical care to Hayes, and that the prison’s medical guidelines were inadequate and were not strictly followed by prison staff.

Barlow said the arrest officer, a probation officer and prison officer knew that 33-year-old Hayes was showing signs of drug intoxication, but they were unaware of two of the four drugs he had taken prior to arriving at the prison.

“We believe the judge misapplied the law,” said Daniel Baczynski, Johnson’s attorney, following Barlow’s decision.

According to Baczynski, Barlow’s decision “is an incentive for prisons to use underqualified personnel to screen inmates for medical and mental health problems. It gives them a free pass to make medical decisions. “

At the time of Hayes’ death, the prison’s practice was to accept inmates without being examined by medical staff or medically trained prison staff. The nurses were called to check for inmates who appeared to need attention.

Today, under the direction of Sheriff Kelly Sparks, who took office in 2019, all those arrested will be screened by nurses before they are taken to jail. Inmates classified as endangered are first brought to a hospital for examination.

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