York County sued over cell blood cleanup

[Cobalt Violet]

York County sued over cell blood cleanup

By ANNE GLEASON
Staff Writer Portland Press Herald


http://pressherald.mainetoday.com/news/local/070221jailsuit.html


The Maine Civil Liberties Union filed a federal lawsuit Tuesday against York County officials for allegedly ordering three jail inmates to clean up a large quantity of blood at the county courthouse in November without providing the men with proper protective clothing.

The MCLU contends that Joshua Luciano, Michael Mellen and John Michaud suffered "cruel and unusual punishment" because they were not given protective clothing or hazardous-material training.

One of the inmates has since developed hepatitis C, which the suit claims was contracted through pathogens in the blood. Named as defendants in the U.S. District Court filing are the county jail superintendent, Michael Vitiello, and the county facilities manager, Steven Foglio.

<snip>
The inmates should have been provided with thicker gloves, face masks, goggles and proper protective clothing, said MCLU staff attorney Zachary Heiden. The plastic scrub brush, he said, caused the blood to spatter, exacerbating the situation. The lawsuit also claims the inmates were denied access to medical testing and treatment until the MCLU wrote a letter on their behalf in November.


And from another article:
http://www.boston.com/news/local/maine/articles/2007/02/20/3_former_inmates_sue_jail_over_cell_cleanup/?rss_id=Boston.com+--+Maine+news

The pool of blood was roughly 4 feet by 4 feet, and blood was also splattered on the cell's walls, ceiling and furniture, the suit said. The bristle brushes supplied to the inmates allegedly caused the blood to spray onto the skin and into their eyes, noses and mouths during the cleanup.


This is sad, sick and preventable. I hope they win their suit.

[LeftyMom]

1. If that's where the guy got Hep C, they have a hell of a case.

He's going to need a lot of medical care, maybe expensive drugs and a transplant someday. He might find that the loss of energy and the susceptibility to illness make it very hard to keep a job. And of course, a sexually transmitted infection puts a hell of a crimp on one's romantic opportunities.

Big payout coming his way.

[Cobalt Violet]

8. Very expensive indeed.

Thousands a month in meds alone during treatment which may or may not work. Fatigue can be a problem from the disease as well as a side effect of the treatment. The treatment has such severe side effects and may need to be taken for a year. Many people find it impossible to work during treatment. It's not that easy of virus to spread sexually unless of course one is into blood to blood sex. But it can still crimp his romantic opportunities as that fact really isn't that well know.

I hear transplants cost $250,000-$450,000 and thousands a year for maintenance meds. He may not need one for 20-40 years if ever but by then they'll probably cost $20,000,000-$40,000,000 the way health care is going up.

[JackBeck]

2. Hepatitis C is a lot easier to get than people realize.

Unfortunately, it may be hard to prove exactly when the one inmate contracted HCV.

[Cobalt Violet]

5. Even if he can't prove it was from the cleanup...

I hope they still win as they weren't give proper protection to clean blood up. And then to deny them medical care afterward too.

I know they can test DNA or PCR of the virus and see if it's the same type as the guy whose blood it is. But that may still not prove if beyond a reasonable doubt. I not sure the standard of proof for the type of suit they filled.

[JackBeck]

6. Excellent points, Cobalt. n/t

[ThomCat]

3. "This is sad, sick and preventable. I hope they win their suit."

I agree.

I assume that there is some reason why it's legal for them to order prisoners to get down and scrub the floors. That sounds like like it should also be illegal. But beyond the issue of forced sevitude, there's the issue of health and safety. WTF were they thinking?
x(

[Cobalt Violet]

7. They were on a work-release program.

I guess that means they have to do whatever it is they are ordered to do. I don't know what would happen if they said no. Maybe that would be some sort of violation of the conditions of the program.

[ensho]

4. they say US jails and prisons are as bad as the worst 3rd world

prisons

[Cobalt Violet]

9. I don't know.

But I get the feeling they are just as bad.

[malaise]

10. These days when I think of US prisons and illegal lock-ups

a famous line comes to mind. "The degree of civilization in a society can be judged by entering its prisons".