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Mother Files Wrongful Death Suit

The city of Pelham is facing a wrongful death suit filed by the mother of an inmate allegedly ignored by prison medical staff as he got sicker.
  • Aug 31, 2012
  • Staff
  • Accident & Injury
  • Wrongful Death

Sandrini Scott, the mother of Fabian Avery III, is filing a wrongful death lawsuit against the city of Pelham just over a year and a half after her son’s death. According to the Atlanta Journal Constitution, Avery weighed 153 pounds when he was transferred from the Fulton County Jail in February 2011. The lawsuit claims that Avery weighed 108 pounds at the time of his death, just over a month after his transfer. The lawsuit has been filed in federal court and claims wrongful death and civil rights violations. Police Chief Nealie McCormick, city manager Doug Westberry, the jail’s nurse and doctor, and four correctional officers have been named as defendants.

The lawsuit claims that prison officials were deliberately indifferent to Fabian’s medical needs.

According to the complaint, Avery reported being sick on Feb. 24, 2011, just 9 days after being transferred. The medical specialist for Ms. Scott, Dr. Thomas Lincoln, stated that he believed the staff had clearly ignored Avery as he got sicker. He complained frequently of nausea, stomach pains, vomiting, and lower back pains. According to the suit, the jail staff did not assist Avery at all. The GBI filed a report that Avery was placed in an isolation cell a short time before his death because he had begun to soil himself and not clean up. The lawsuit claims that the inaction by the medical staff was in part due to deficient policies of the City of Pelham and the Pelham police department. The lawsuit also claims that the city failed to train their non-medical staff to recognize and respond to serious medical conditions.

Avery was found dead on the mattress in his jail cell in the early hours of March 18, 2011. According to investigative documents compiled by the GBI, Avery died of appendicitis and complications from a bowel obstruction. The lawsuit claims that prison officials were deliberately indifferent to Fabian’s medical needs. Avery had been arrested on armed robbery charges in December 2010.

Although it is impossible for money to replace the life of a loved one, compensation can help provide financial stability for the victim’s family and loved ones. If you have lost someone close to you as a result of negligence, you may have legal recourse. The lawyers at Morgan & Morgan understand how difficult the aftermath of a family member’s death can be and will take care of the legal pressure so you can focus on more important things. Our lawyers have years of combined experience dealing with wrongful death cases and will do their best to seek maximum compensation on your behalf. To see if you are eligible to file a claim, simply fill out the form on the right.