Civil Rights

In-Custody Injury & Denial of Medical Care

In-Custody Injury & Denial of Medical Care

Accountability when jails and prisons ignore serious medical needs.

People don’t surrender their right to basic medical care when they’re arrested or incarcerated. Yet preventable injuries, overdoses, suicides, assaults, and deaths happen behind bars every day because symptoms are ignored, care is delayed, or safety protocols are not followed. Survivors face lifelong harm. Families are left without answers.

At McEldrew Purtell, we move quickly to secure evidence, challenge official narratives, and hold agencies, private medical contractors, and individual actors accountable. Our goal is twofold: justice for your family and pressure for reforms that prevent the next tragedy.

In-Custody Injury
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In-Custody Denial of Medical Care

What counts as denial of medical care?

You may have a civil rights claim when a person in custody has a serious medical need and officials are deliberately indifferent – ignoring obvious symptoms, delaying treatment, or failing to follow required monitoring and safety policies. Common scenarios include:

  • Medical emergencies ignored or delayed (stroke, heart attack, seizures, anaphylaxis)
  • Detox & withdrawal failures (opioids, alcohol, benzodiazepines), missed CIWA/COWS monitoring, no MAT offered
  • Suicide risk & mental-health neglect (inadequate screening, missed watch rounds, unsafe housing)
  • Overdose incidents (missed searches, no naloxone, slow response)
  • Diabetic crises & chronic condition lapses (withheld insulin/meds, diet lapses)
  • Infections & sepsis (ignored fever/wounds)
  • Heat, dehydration & environmental hazards (extreme temperatures, lack of water, unsanitary units)
  • Use of force or restraints followed by delayed or denied medical evaluation
  • Assaults by officers or other incarcerated people where known risks were ignored or housing was unsafe

How these failures happen and how we prove them.

In-custody medical neglect is usually a chain of preventable failures, not a single mistake. We build the record that shows where systems broke down:

  • Timeline reconstruction: minute-by-minute mapping of symptoms, help requests, rounds, and response times
  • Evidence preservation: medical charts, MARs, sick-call slips, watch/round logs, incident reports, radio traffic, bodycam & fixed cameras
  • Policy & contractor review: written policies, training materials, staffing rosters, vendor contracts, audits
  • Witness development: cellmates, line officers, nurses, transport/EMS, outside hospital staff
  • Independent experts: correctional medicine, emergency medicine, psychiatry, toxicology, pathology, use-of-force, jail operations
Civil Rights Attorney

Your Legal Avenues

We tailor strategy to the facts, jurisdiction, and the strongest path to accountability.

Civil Rights (42 U.S.C. § 1983)


Deliberate indifference to serious medical needs; failure-to-protect; due-process violations for pretrial detainees.

Wrongful Death & Survival Actions


Recovery for the family’s losses and the decedent’s conscious pain and suffering.

Monell Liability


When unconstitutional policies, customs, or training/supervision failures cause violations, the municipality (or policy-making entity) can be liable.

Related State-Law Claims


Negligence, assault/battery, negligent hiring/retention/supervision, depending on the facts.

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