Individuals are generally housed at a County Jail while they wait for their trial or when they are waiting to be sent to a Department of Correction facility after being sentenced.
While at the County Jail, Indiana law dictates the County Sheriff is the one charged with a duty to administer the jail in a manner which preserves the safety of the inmates. Indeed, the Sheriff must exercise reasonable care to preserve the life, health, and safety of those in custody.
Frequently, the County Sheriff will delegate duties to jail employees to run the jail, and sometimes the County Sheriff will delegate the responsibility for providing medical attention to inmates to a doctor or an outside health care provider. However, even when duties are delegated, the Sheriff is responsible for the acts of jail employees, if the employees, acting in the course and scope of their employment, commit negligence. Similarly, the Sheriff is responsible for the acts of heath care providers. Therefore, when an inmate at a County Jail commits suicide; is sexually assaulted by a jail employee; or is deprived reasonable medical care; the Sheriff, in an official capacity, may be liable for damages.
Any individual who desires to make a claim against a County Sheriff, in their official capacity, must file what is known as a Notice of Tort Claim. This Notice must be filed within 180 days after the loss or event and must contain specific required information or the claim will be barred. Consequently, it is important that individuals who have suffered an injury or event at a County Jail, as a result of the actions of a jail employee or medical care provider, consult with an experienced attorney.
A recent Indiana Supreme Court decision highlighted the dangers of mixing certain medications with driving. In Manley, et al v. Sherer, et al., No. 59S01-1205-PL-249 (Ind. 2013), the driver struck Plaintiff, Mary Manley, head-on. At the scene, the driver told Ms. Manley she “should not be driving due to her medical condition.” The driver’s physician, Dr. Sherer, informed the prosecuting attorney the driver had several medical conditions that when combined with the medications prescribed by Dr. Sherer, may have contributed to the accident.
Ms. Manley and her husband sued Dr. Sherer for the failure to warn the driver not to drive while taking the prescribed medication. In reversing a summary judgment in favor of Dr. Sherer, the Supreme Court held the usual 2 year statute of limitations to file her case did not apply because it was unclear when Ms. Manley knew she had a medical malpractice case.
In addition, the tolling provision of I.C. §34-18-7-3(a) was upheld. This provision tolls the 2 year statute of limitations defense for physicians when a plaintiff files their proposed medical malpractice complaint with the Indiana Department of Insurance. Medications mixed with driving are a concern in the U.S. The National Highway Traffic Safety Administration (NHTSA) found that 16 percent of weekend nighttime driers (roughly 1 in 6) tested positive for illicit drugs or medications. 2007 National Roadside Survey of Alcohol and Drug Use by Drivers: Drug Results, U.S. Department of Transportation, National Highway Traffic Safety Administration, December 2009. Of this number 3.9% were positive for medications and 1.1% were positive for a combination of illegal drugs and medications.
