Deputies face trial in Wichita in jail death
Published on -2/13/2012, 6:52 AM
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WICHITA, Kan. (AP) -- A federal trial is scheduled to begin this week in Wichita in the case of a Sedgwick County jail inmate who died in 2008 and whose family claims the death was avoidable.
Relatives contend Terry A. Bruner, 46, wrongly suffered without medical help before he died a "completely preventable" death in 2008, according to their lawsuit, which sought $10 million when it was filed in 2010 in U.S. District Court.
Bruner's survivors originally filed a lawsuit against a long list of defendants. Most of the defendants, including Sedgwick and Stanton counties, a medical contractor and a number of sheriff's personnel, have since been dismissed from the lawsuit, The Wichita Eagle reported Sunday (http://bit.ly/wD3SMN). Only two defendants remain, two Sedgwick County jail deputies, who still hold those positions.
The underlying question is whether the deputies violated Bruner's Eighth Amendment protection against cruel and unusual punishment.
Bruner was jailed in Stanton County after his arrest on a drunken driving charge in November 2007. He was hospitalized after being transferred back to Sedgwick County.
The Sedgwick County jail deputies say they didn't think Bruner was seriously ill when he was incarcerated and before he was admitted to a Wichita hospital two days before he died on March 10, 2008. An autopsy found that Bruner died of acute meningitis.
The jury will decide whether the deputies showed "deliberate indifference" to Bruner's serious medical needs or whether he didn't show symptoms of serious medical problems. Some jail staff reportedly thought he was mentally ill or perhaps faking.
Attorneys on both sides aren't commenting, including on the question of who would pay if a jury finds against the defendants. The county could be responsible for some damages.
Under jail policy, it's partly up to inmates to request treatment. But Bruner's condition made him confused and unable to walk, court documents say. When he got treatment, it was too late.
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Information from: The Wichita Eagle, http://www.kansas.com
