Wrongful Death Behind Bars

While procedures vary among states, the majority of correction facilities are liable for the safety and well-being of inmates. A wrongful death lawyer often deals with cases involving prisoners who have died during their stay, either due to neglect or abuse. 

A large number of deaths that occur in prisons such as Purgatory Correctional Facility in St. George are the result of inmate suicide. However, depending on other circumstances, prisons can still be held liable for negligence in these cases. In February of 2015 for example, Richard Kempf was found dead in Washington County Jail, reportedly hanging from bedsheets. 

The family promptly sued for wrongful death after learning that Kempf had been denied medical treatment before his death. Kempf, who had a long history of mental illness and drug abuse, had requested and was denied medical attention. As stated by the Observer-Reporter, Kempft’s lawyer claims that his client’s constitutional rights were violated. 

This facility (which shares the same name as a facility in St. George) could be facing another lawsuit with the death of Gergory Michaux last month. Michaux was also found dead hanging from bedsheets in his cell. Unable to afford a lawyer, Michaux’s mother created a website a few days later to fund the money necessary to sue for wrongful death. 

Another inmate suicide case involved Utah resident Matthew David Stewart. In May 2012, just a few hours north of St. George, Stewart opened gunfire on police who had entered his home in search of marijuana plants.  With the death of officer Jared Francom, Stewart was incarcerated, and a year later committed suicide during the months of his trial.

As reported by the Huffington Post, Stewart’s father accused jail officials of, “making his son's life miserable and leaving his mental illness untreated.” However, he has yet to hire a lawyer or file a wrongful death lawsuit, and the Utah jail denies any such claims of negligence.  

Aside from suicide, jails can be sued for wrongful death when staff members practice corporal punishment resulting in death, or if any treatment of medical issues have been neglected. Often, when an inmate is suffering from other mental illness and refuses treatment, suits can become more difficult to prove negligence on the part of the prison.

Whether in a small community such as St. George, or a more rural area, prison deaths occur every day and often result in lawsuits.