Criminal Justice Briefs

Arrest For Seizure Related Behavior/Excessive Force

Lynn v. City of Indianapolis, et al. (S.D. Ind. 2013).pdf
Lynn filed suit against the City of Indiana and others alleging false arrest, failure to intervene claim, ADA violations and municipal liability. Lynn had a seizure while walking down the street. Officers mistook Lynn’s post-ictal behavior as intoxication. He was charged with resisting arrest and public intoxication. The criminal charges were dismissed, but Lynn later filed a civil lawsuit alleging several claims including excessive force, false arrest, assault, battery, false imprisonment and malicious prosecution. The case was resolved through a confidential settlement agreement.

Prisoners' Rights - Access To Medication/Indequate Medical Care

Galindo, et al. v. Reeves County, et al. (W.D. Tex. C.A. 3:10cv00454). (Complaint)
The family of Galindo filed a lawsuit against the Reeves County, Texas and other defendants alleging failure to provide proper medical care and treatment to Galindo while he was incarcerated. Galindo’s condition was known to prison officials and his anti-seizure medication was changed to a less effective medication upon his arrival to the facility. Galindo had been in solitary confinement for one month after repeatedly requests to adjust his medication and to be removed him from solitary confinement.
Lopez, et al. v. Wasko, et al. (D. Colo. 2014).pdf
The family of a mentally ill inmate filed a lawsuit after the inmate died in a Colorado prison as officers and nurses allegedly laughed and joked while watching him, on camera, shaking from seizures that turned out to be fatal. The cause of death was severe hyponatremia (low sodium-blood levels), which is treatable if medical assistance is quickly provided. When the Lopez was found lying face down on the floor, officers believed that he was intentionally refusing to respond, and they dragged him out, took off his clothes, chained him to a chair, and placed a mask over his head. They watched the seizures, apparently thinking that he was faking. He ultimately died lying on the concrete floor in his underwear. Some employees involved were reprimanded and terminated.
Nohrenberg, et al. v. Linn County, et al. (Complaint)
Disability Rights Oregon (formerly known as Oregon Protection & Advocacy) filed a lawsuit on behalf of two inmates alleging that their 14th amendment constitutional rights were violated by Linn County and other defendants. The complaint alleges that the defendants failed to provide the inmates with adequate medical care and treatment for their serious medical needs.

Prisoners' Rights - Amicus Brief

Buckley v. Barren County Fiscal Court (unpublished) Civil Action No.: 1:00-CV-76-M (W.D. Ky. 2002).
Are a state jail and its officials liable under the ADA and federal and state constitutions for their failure to allow a prisoner to take required antiepileptic medications for nearly twelve hours? The Plaintiff's Brief argues "yes."

Criminal Charges (Seizure While Driving)

Snyder v. Florida, #98-0490 (Fla. Dist. Ct. App. 1999).
Should a person with epilepsy who has a seizure while driving, resulting in an automobile accident that injures others, be held criminally liable? The Epilepsy Foundation argues "no" in this Amicus Brief.

Additional Resources

Snyder v. Florida Appellate Brief

Resources

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