EL PASO COUNTY, Colo. — A lawsuit has been filed on behalf of an inmate who died while incarcerated at the El Paso County Criminal Justice Center (CJC) in 2021.
37-year-old William Johnson died in custody of a lethal seizure while sleeping in his cell on Sept. 27.
The lawsuit claims Johnson was forced to suffer from untreated mental and physical illness due to the “deliberate indifference and negligence” of the CJC for nearly a month before his death.
According to the lawsuit, Johnson’s ‘tragic and foreseeable death’ was due to the ‘flagrant violation of policies’ meant to ensure the well-being of inmates. Johnson’s family said the CJC and the jail’s private contractor Wellpath, LLC (Wellpath) failed to uphold a minimum standard of care.
In anticipation of Johnson’s incarceration, CJC and Wellpath officials were given prescription life-saving medications along with instructions for proper administration.
Among the medications prescribed to Johnson – Diazepam, Methadone and Topiramate were of particular concern. Failure to administer all three medications properly were known to result in death, according to the lawsuit. The family claims that CJC and Wellpath officials failed to honor the proper and scheduled administration of medication during Johnson’s incarceration.
The lawsuit stated that Topiramtate was “overdosed, underdosed, or failed to administer entirely,” on more than a dozen occasions. The court document also said officials ceased to provide Diazepam entirely for 19 days leading up to Johnson’s death.
An autopsy revealed cerebral and pulmonary edema. The autopsy report says that William died as “a result of a seizure disorder associated with epilepsy, polypharmacy (using multiple drugs to treat a single ailment or condition), and COVID-19.” The report also described debilitating effects of withdrawal from benzodiazepine, which was allegedly prompted by a protocol enacted by the jail.
Johnson’s family gives a timeline of Johnson’s alleged neglect leading up to his death:
August 30, 2021 — Johnson began his incarceration and was not given any medications that day. His mother claims that she spoke with officials for nearly an hour and a half insisting on medical treatment for her son.
September 1, 2021 — Johnson sent a Kite, a written request, to officials explaining he had not received his seizure medicine, anti-anxiety medicine and antidepressants. That same day, Johnson notified officials he was suffering from a fever.
September 5, 2021 — CJC and Wellpath staff received another Kite from Johnson who tried to tell officials how reliant he is on his medications to avoid seizures.
September 9, 2021 — Officials were reminded once again that Johnson had not received all of his medication in a Kite. Johnson also restated his history of severe migraines and seizures despite officials already having his medical history on file.
September 12, 2021 — Johnson sent yet another Kite pleading for his medication ending the written request with, “PLEASE HELP.”
Johnson became fearful of death once CJC failed to provide medications and pled for his life through his mother. He communicated with her daily asking her to speak with officials hoping it would prompt them into action.
September 14, 2021 — The lawsuit stated that Laura Gribble, a Registered Nurse of Wellpath, was neither licensed nor capable of prescribing or discontinuing medications. Despite her professional restrictions, she discontinued Johnsons Diazepam administration after Wellpath officials had already stopped providing the medicine for many days.
Gribble’s listed her reason for retroactively discontinuing Johnson’s medication as “expired.”
The Nurse did not take any action to alert medical professionals that there might be an issue with the Diazepam prescription, according to the lawsuit.
September 20, 2021 — Johnson’s mental health began deteriorating, according to his family. He suffered from tremors and began displaying “bizarre and erratic behaviors” which placed him in “Ad Seg.”
The lawsuit claims that Johnson can be heard on jail phone calls with his mother mentally and emotionally deteriorating over several weeks.
September 22, 2021 — Johnson began to have reactive psychosis, appeared delusional and lost a tooth after falling out of his bunk, as per the lawsuit. He was placed in mental health housing and on suicide watch until he died from a lethal seizure on Sept 27.
As a result of unlawful conduct, Johnson suffered a lethal seizure that included “violent panic, pain and trauma” in the moments leading up to his death, the lawsuit said.
From the timeline of events, Johnson’s family stated that he was constantly fighting to have access to life-saving medication but was denied for nearly a month.
The lawsuit cited “deliberate indifference” to Johnson’s medical needs. Officials were aware of Johnson’s medical history and need yet ‘willfully and recklessly’ disregarded the potential risk of physical harm and death to Johnson.
Johnson’s family claims that Johnson was a “victim of repeated failures and deliberate misconduct.”
According to the lawsuit, El Paso County Sheriff Bill Elder and the Board of County Commissioners for the County of El Paso (BOCC) are ultimately responsible for ensuring the health safety and well-being of those incarcerated in CJC.
Johnson’s family accused Sheriff Elder and BOCC of failing to train and supervise Wellpath officials who were responsible for Johnson’s health. They also point to the negligent training of CJC staff to recognize the mistreatment of inmates and intervene when inmates do not receive adequate mental health care.
The lawsuit additionally accuses Wellpath of having a pattern and practice of inadequate medical care to those incarcerated. The court document pointed to ongoing staffing shortages as well as incompetent staffing. Additionally, the lawsuit stated that El Paso County provided inadequate oversight and no due diligence to ensure professional standards of care by Wellpath officials. There were no formal reviews or audits of the private medical contractor, according to Johnson’s family. They further added that BOCC merely
conducted a walk-through of CJC once a year and rubber-stamped approval without public discussion.
“They failed to seek outside accreditation of its medical care as many jails in Colorado do to ensure quality care,” stated the lawsuit. “… El Paso County knew that individuals in its jail could suffer serious
consequences by the continued implementation of these policies and practices, but maintained
them anyway.”
Johnson’s family now seeks to be compensated for special damages, including loss of constitutional rights, loss of enjoyment of life, and [Johnson’s] described pain and suffering, permanent lost earnings and earnings capacity for the expected productive working lifetime of Johnson all in amounts to be proven at trial.
FOX21 News has reached out to the El Paso County Sheriff’s Office (EPSO) for comment. EPSO said “they do not comment on pending litigation.”
