A federal lawsuit has been filed against members of the Department of Corrections following the death of an Oklahoma inmate from appendicitis.

Christina Smith has filed a federal lawsuit in the United States District Court for the Western Divison of Oklahoma against several members of the Oklahoma Department of Corrections including DOC Director Joe Allbaugh following the death of her son, 21-year-old Joshua England.

England was arrested in June of 2017 and charged with fourth-degree arson as well as other charges. The Young man was sentenced to 343 days in prison and was sent to Joseph Harp Correctional Center in Lexington.

England asked to be seen by prison health clinic staff due to severe abdominal pain on May 22, 2018. England wrote on the form he filled out requesting health services, that he had been vomiting all night long and there appeared to be blood in his vomit. He also wrote that his stomach “hurts so bad.”

According to the lawsuit, England was seen by medical staff and physicians noted that he had lost nearly six pounds in six days. Although England was holding his abdomen, the staff did NOT complete an abdominal exam, the complaint alleges. The next day, England requested health services again, saying that he could barely breathe.” He was seen again but still, no abdominal check was performed.

“Joshua’s rapid heart rate and elevated blood pressure, combined with his complaints of severe pain and report of rectal bleeding, should have alerted the medical staff and the Medical Defendants that he needed to be seen immediately by a physician. However, once again, Joshua was not seen by a physician and was not given a complete abdominal exam,” the lawsuit alleges.

England did file a third request for medical treatment, which was denied because he had already been seen.

Three days later, the complaint alleges that England again requested help. An abdominal exam was not performed, but the medical staff did call a physician. The physician did not visit England but prescribed Ibuprofen.

“Multiple witnesses who saw Joshua in the days leading to his death observed that he was not eating or drinking, he had lost significant weight, his skin color had changed, he reported stabbing pain to his right side (including by pointing and holding his abdomen), and he seemed different mentally: slow, not ‘with it,’ and not in his ‘right mind,’” the lawsuit alleges.

On May 29, England submitted a fifth sick call request and said his main complaint was he could not breathe.

According to court documents, the medical staff noted that England appeared “distraught and was “sweating profusely.” They ordered an EKG, which showed that his heart rate was 158 beats per minute. Instead of sending him to a medical facility, England was told to wait at the clinic longer to see a physician.

England went back to his cell, where other inmates reported witnessing DOC staff taking a video camera to his cell.

The lawsuit alleges that England told corrections officers that he couldn’t walk back to the clinic. At that point, they documented his ‘refusal’ of medical care and reported that he waived his sick call appointment.

“A reasonable medical provider would know that Joshua was not refusing treatment but rather demonstrating that he was too sick to walk on his own- and that emergency services were needed immediately,” the lawsuit reads. “Despite Defendants’ own recognition that Joshua would likely die without immediate emergency care, Defendants knowingly and intentionally left Joshua in his cell to die, attempting to justify their conduct by coercing Joshua to sign a release form when he was plainly extremely ill, very close to death, and incapable of rational thought or decision-making.”

Hours later, England died in his cell.

The lawsuit alleges that some of the prison staff falsified medical notes, including one that listed time of service as 8:08 p.m. However, the court documents state that he had been dead for hours by that point.

“On at least five separate occasions over the course of seven days, Joshua sought medical treatment from prison staff at Joseph Harp. On each occasion, Joshua complained of severe abdominal pain and presented with classic symptoms of acute appendicitis. He begged for help. Prison staff refused to provide even the most basic medical treatment for Joshua,” the lawsuit alleges.

The plaintiffs point to the fact that the prison staff didn’t give England a proper abdominal exam and failed to send him to a nearby medical facility when his condition worsened.

“Instead, corrections officers and medical staff belittled Joshua, and did nothing as Joshua, suffering extreme pain, rapidly deteriorated. As a result of Defendants’ callously indifferent treatment, Joshua died alone in his prison cell with a ruptured appendix, after suffering the excruciating agony of acute peritonitis. Defendants then falsified medical records to attempt to cover up their shocking misconduct,” the complaint alleges.

The Oklahoma Department of Corrections has declined to comment on the lawsuit.

Jones Brown Law

Inmate Abuse and Death

Law enforcement and prison guards have certain legal obligations to the inmates that they detain. When a citizen is taken into custody, the police department and the jail assume responsibility for the safety and well-being of that person. If they fail to protect the inmates, then the city, county, or state can be held liable for their actions or inactions.

At the law offices of Jones Brown, we pride ourselves on principles of honesty, hard work, fair dealing and compassion in our representation. Our goal is to let clients focus on healing while we take care of the legal process of recovering from your accident. Our attorneys and staff are committed to adhering to a strict code of professional ethics. We dedicate ourselves to our clients’ best interests and making the legal process as painless and simple as possible for the injured and their family.


Share Page