The widow of a man who died in custody almost 2 years ago after being held at the Scotts Bluff County jail has filed a wrongful death lawsuit against the county, several corrections and health care employees, and the jail’s medical services contractor..
64-year old Dale Preston died Sept 30, 2022. His wife, Brenda Preston, filed a tort claim against the county last August. She then filed the suit in federal court last month on behalf of his estate after Scotts Bluff County failed to settle the tort.
Named as defendants are the county, the detention center, the center director and 4 correctional officers, Advanced Correctional Healthcare – the Illinois firm that provides health care services at the jail, and 3 of its health care workers.
The suit says Preston had been showing signs of a serious mental health condition when he moved back to Scottsbluff from Texas about 6 weeks before he died. He was arrested and taken to the jail 3 times and released twice without receiving what the suit calls “appropriate attention, care, and treatment.”
The suit alleges that after his last arrest, Preston “repeatedly displayed severe signs of mental illness as well as signs that he was unable to properly care for or protect himself,” including refusing to eat or drink, refusing medication, having poor hygiene, and displaying behavior consistent with “serious mental illness.”
Despite that, Preston remained in his cell instead of being moved to a mental health ward or a hospital. The day before he died, he was found lying on the floor of his cell, partially naked, with feces on him and one leg cold to the touch, discolored and swollen.
He was taken to Regional West Medical Center by paramedics and told them and hospital staff that he hadn’t eaten or drank anything for 2 weeks. He was diagnosed with a number of serious health conditions that can often be caused by not eating or drinking enough for a long period, and with having an altered mental status
The lawsuit blames Preston’s death on negligence and professional malpractice by the county, the detention center, Advanced Correctional, and the employees in the suit.
It seeks $2-million dollars damages for health care costs, funeral and burial expenses, lost future earnings, and Preston’s physical and mental pain as well as the anguish and emotional stress suffered by his wife and family.
It also seeks general and special damages as determined by the court.