Friday, November 9, 2012

What's Deliberate Indifference?

We are about to find out.  In a Texas case just filed today, an Air Force veteran jailed for criminal mischief, died after repeated smashing his head into the jail's walls.  Allegedly, jailers watched and did nothing. 
   According to the complaint, Appell was put in a padded cell but not restrained. That, according to his mother, allowed him to paced the cell and strike his head against the door viewing window allegedly whiled the jailers watched.
 "Everybody in the jail, from what Mrs. Appell told me, could hear him hitting his head against the wall," said Michelle Smith co-counsel with the Texas Civil Rights Project.
  The lawsuit alleges that the death was slow and the decision not to stop him was deliberate.
   "So they let him bash his head for over 24 hours," said Shirley Appell.
  The case is based on violating the ADA and Rehabilitation Act as well as failing to provide protection under the 14th Amendment.

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