ASHLAND —
A former Boyd County Detention Center inmate is appealing a judge’s decision to throw out his lawsuit against the jail’s former medical provider.
Michael Campbell’s attorney, Robert E. Sanders of Covington, filed notice last week in U.S. District Court of his client’s intent to appeal Senior Judge Henry R. Wilhoit Jr.’s decision last month to grant Southern Health Partners Inc.’s motion for summary judgment based on a statute of limitations defense.
Campbell’s appeal of the decision to the U.S. Sixth Circuit Court of Appeals in Cincinnati will be based on the contention that a report by Magistrate Judge Candace Smith — upon which Wilhoit relief to make his decision — contained “erroneous conclusions,” including that Campbell’s claims were time-barred, Sanders wrote in the filing.
Southern Health Partners was the last remaining defendant in Campbell’s suit, filed in June 2010, Campbell alleged he suffered mental and physical damage when jailers at the Boyd lockup refused to allow him to take medication he had been prescribed to control his bipolar disorder. Without that medication, Campbell’s health deteriorated until he couldn’t eat or maintain hygiene, the suit claimed.
Campbell was booked into the jail on July 2, 2009, on drug trafficking and DUI charges. He stayed there until July 13. In the suit, Campbell alleges he was confined in a holding cell for a week without his medication, which was confiscated, or medical care.
The suit also claimed Campbell’s mother told jailers about his bipolar condition but wasn’t allowed to visit him or bring his medication, and jailers told her he had been taken to a hospital. Campbell subsequently spent about three weeks in King’s Daughters Medical Center.
The suit originally named Boyd Jailer Joe Burchett, Judge-Executive William “Bud” Stevens and members of the Boyd County Fiscal Court as defendants. However, Wilhoit signed an agreed order dismissing Campbell’s claims against all of the defendants except for Southern Health Partners on June 30, 2011.
In her 20-page report Smith recommended SHP be granted summary judgment for, among reasons, Campbell’s failure to assert his claims against the company within the one-year window provided by both state and federal law.
SHP was not originally a party to the suit. Campbell filed an amended complaint adding the company in December 2010, according to court records. Campbell’s testimony in depositions indicates his alleged injuries were sustained no later than July 2009, which put his claims against SHP well outside of the one-year window.
Campbell, of Ashland, was sentenced to five years on the drug-trafficking charge. He was subsequently recommended for parole.
KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.
Local News
Former inmate is appealing lawsuit dismissal
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