Burt v. Hamilton County et. al.
Overview
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One of the lawsuits currently filed against the county shows deliberate indifference to the lives of those incarcerated.
Timothy Burt, of Fort Payne, Alabama, was suffering from physical and mental illness when he arrived at Erlanger on June 29, 2022. He was recovering poorly from a heart attack in May, and had been released from a North Alabama hospital two days before. In his delirium, Burt walked out of Erlanger hospital, climbed into an ambulance and drove away. He ultimately crashed into a police cruiser and was returned to Erlanger. Medical records stated Burt had an "altered mental status associated with unsafe behaviors" and required "long-term placement in an appropriate supervising setting…” Despite Erlanger's caution that "incarceration is not the ideal setting for him," Hamilton County sheriff's deputies came to arrest Burt. Mr. Burt was arrested on July 5th. In spite of his severe sickness, he was not given a medical screening until August 19th, 46 days later. On August 27th, Mr. Burt suffered a critical medical event and was sent to Parkridge Hospital where he died. At the time of his death, Mr. Burt weighed 94 lbs. Two days later, Judge Gary Starnes approved a Release on Recognizance order for Mr. Burt. The family went to the jail to wait for two hours with the release order until a deputy finally came out with a picture, asking if this was their family member. He informed the family that Mr. Burt had died two days earlier. No one had been notified. Not the court, not the attorneys, not the family. |
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Unless it is a high-profile case, the general public rarely sees what the court process uncovers regarding the practices of public institutions. This case, and others, offer a window into the state of the Hamilton County Jail.
CALEB is releasing public record documents related to the Burt v Hamilton County litigation against Hamilton County. There are thousands of pages of evidence, depositions, and affidavits for Mr. Burt’s case. We have selected various pertinent information to give a succinct breakdown of what this lawsuit reveals.
CALEB is releasing public record documents related to the Burt v Hamilton County litigation against Hamilton County. There are thousands of pages of evidence, depositions, and affidavits for Mr. Burt’s case. We have selected various pertinent information to give a succinct breakdown of what this lawsuit reveals.
*Note: Document Titles Link to Full Documents
Dr. Haggerty has over 21 years practicing correctional health. He previously served as the medical director for Barbour Co. (AL) Jail. He reviewed the medical records and treatment of Timothy Burt associated with the litigation.
From his affidavit, the timeline of Mr. Burt’s initial hospitalization in AL to his death after being incarcerated is as follows:
From his affidavit, the timeline of Mr. Burt’s initial hospitalization in AL to his death after being incarcerated is as follows:
- On May 8, 2022, Burt was admitted to Dekalb hospital for an acute heart attack.
- May 30, 2022, a test found that Burt’s left heart valve was damaged and functioning poorly, which validated that he had suffered from an acute heart attack and that his heart was not functioning properly, putting him at risk for future heart attacks and heart failure. He was also treated for sepsis.
- Burt was discharged on June 28, 2022. Physicians noted possible Wernicke’s encephalopathy, an acute neurological condition which affects the peripheral and central nervous system, causing weakness or paralysis of eye muscles, poor muscle coordination and control, and confusion. It is treated with thiamine, which Burt was on and was told to continue treatment with when discharged.
- He was admitted to Erlanger Hospital’s ER the next day, June 29th, and was unable to provide any medical history.
- He was discharged on July 5, 2022, and was noted that he needed to continue taking thiamine for possible Wernicke’s encephalopathy. It was noted in the Discharge Summary that “incarceration is not the ideal setting for him”, but he was apprehended by police after they became aware he was “medically stable for disposition.” The medications listed in the Discharge Summary included 100mg thiamine daily
- At intake/booking on July 5, 2022, officers filled out Timothy Burt’s Inmate Risk Assessment Form. On the form it is indicated that he did not need emergency medical attention before entering the jail, despite having been taken to jail directly from Erlanger.
The intake form is also missing the intake officer’s signature.
- The jail received the Discharge Summary from Erlanger as of July 7, 2022.
- Mr. Burt’s Mental Health Appraisal was performed on August 19, 2022, 46 days after entering the jail. This is the first time that Timothy Burt has been fully screened by medical personnel after his incarceration.
In this paperwork, it is noted that the patient is a “poor historian.“ Therefore, information provided may be incorrect due to his short/long term memory loss.
When asked about his previous diagnosis, he “began to ramble”, and stated he could not remember. The notes on the form say “He is unable to recall previous charges and reports poor appetite.” It is noted that he appears emaciated and frail. His cellmate was in the clinic during this assessment, and stated that he “falls a lot and has lost a lot of weight” since he has been incarcerated. The assessment says his sleep is poor, his appearance is disheveled, his eye contact is avoidant, he appears to be very weak and unable to hold his head up, his speech is soft, slow, and disorganized, and his mood is depressed. It is noted that he has short term and long term memory loss, as well as deficits to his attention span, concentration, memory, and orientation.
It is noted under risk factors that he is in poor physical health, or has a terminal illness. It is recommended to place him with his family and submit a referral to the Choices program.
After his mental examination, he is sent to be physically examined because of his poor condition. Timothy Burt’s Intake Medical Forms (intake history, physical assessment, medication verification, TB questionnaire, and suicide screening) were finally filled out, despite requirements dictating that these forms should have been completed within 14 days of Mr. Burt’s incarceration.
Dr. Haggerty explains how these forms were improperly filled out:
These forms are reviewed and signed by Cheyenne Hux, the Health Services Administrator. In her deposition testimony, she acknowledges that she does not recognize who filled out the forms on August 19, 2022. She states that she reviewed and signed the forms to assure compliance. Upon noting the above failings in the examination of Mr. Burt, she acknowledged that the forms are non-compliant, and has no explanation for why she approved them.
Dr. Haggerty’s expert opinion is that Timothy Burt suffered a great deal and ultimately died due to medical neglect at the jail:
- Mr. Burt suffered a heart attack and was taken to Parkridge Hospital, where he died on August 27, 2022. He weighed 94 lbs at the time of his death.
Dr. Haggerty’s expert opinion is that Timothy Burt suffered a great deal and ultimately died due to medical neglect at the jail:
Ms. Kling states she tried to contact the jail over and over to relay her brother’s medical information; she was told they had all his prescriptions. She was also in contact with Burt’s social worker; they were trying to get him into rehab. The social worker communicated that Burt was not mentally aware of what was going on. Donna Kling testified on Mr. Burt’s behalf and got him an OR bond, but after hours at the jail waiting for her brother’s release, she was informed that he had died two days earlier.
Exy Poloche-Harris states that they met Mr. Burt at the courthouse in a holding cell, and expressed concern that he looked unwell. Burt could not remember why he was there and did not remember doing what he was accused of. They advocated for Burt to be in rehab rather than jail, emailed Burt’s medical information from the hospital to the jail, and communicated with Burt’s family and noted that the family had not been able to get in contact with the jail. Their calls were not being returned.
Attorney Spurgin-Floyd describes footage that was obtained from Erlanger: “a hospital staff member tells the officer that Mr. Burt has ‘diarrhea of the brain’.” and that he should not be released because he also had a UTI that needed to be treated.
She also reviewed the footage of the ambulance Mr. Burt was driving. She states the collision of the officer’s vehicle and the ambulance that Burt was driving was “very slow”.
She also reviewed the footage of the ambulance Mr. Burt was driving. She states the collision of the officer’s vehicle and the ambulance that Burt was driving was “very slow”.
She states that officers who bring people into the jail are supposed to inform booking/intake where they picked them up from, it doesn’t always happen. So the fact that an inmate might have come from a hospital is not necessarily communicated.
She states that for several months the kiosk which patients use to send in requests for medical care was not integrated with their QCHC system, and only a handful of nurses had access to the system that the requests were being sent to, and they then had to enter the requests into their QCHC system.
She states that for several months the kiosk which patients use to send in requests for medical care was not integrated with their QCHC system, and only a handful of nurses had access to the system that the requests were being sent to, and they then had to enter the requests into their QCHC system.
He states the sheriff's office policies regarding medical treatments for inmates comprises approximately 1/3 of its overall policies and procedures for the Hamilton county jail. He states that the Jail has not failed any TCI inspections due to medical related or any other issues. He states that everybody receives proper training that meets or exceeds requirements.
He states that Mr. Burt did not use the kiosk to make medical requests, and did not file a grievance regarding the lack of medications.
The jail has in fact failed 14 inspections and re-inspections from 2018-2024.
An example of deficiencies found in medical services:
He states that Mr. Burt did not use the kiosk to make medical requests, and did not file a grievance regarding the lack of medications.
The jail has in fact failed 14 inspections and re-inspections from 2018-2024.
An example of deficiencies found in medical services:
In the Powerpoint presentation of “Receiving Screening Intake Medical Process”, which is used to train officers on medical procedures, this slide appears:
In Rodney Terrell’s Deposition, he is questioned about this slide. He confirms that they do use the verbiage of “gatekeepers” in reference to determining if an inmate should receive immediate medical attention, despite officers not being qualified or authorized to make medical decisions for inmates.
The powerpoint also makes it clear that officers on duty are supposed to listen and observe inmates for signs of medical distress.
A slide titled “What Determines Emergent?” lists examples of concerning behaviors, including shortness of breath, suspected heart attack, and appearing mentally unstable.
COPD, which Burt had, is listed under the shortness of breath section.
One slide says “Call Medical Immediately if an Inmate is Complaining of Chest Pains”
According to his cellmate, Mr. Burt complained of chest pains often.
Another slide says, ”Identifying entering inmates mental health needs when they first enter the jail is critical to providing necessary services and enhancing safety in corrections settings.”
In a section on observing an inmate's behavior, it states an inmate's state of consciousness should be monitored. Is the inmate alert, responsive, lethargic, are they sweating, trembling, are they disheveled, is their gait steady, are they jaundiced…
According to his medical paperwork, he was exhibiting most of these signs.
The powerpoint also makes it clear that officers on duty are supposed to listen and observe inmates for signs of medical distress.
A slide titled “What Determines Emergent?” lists examples of concerning behaviors, including shortness of breath, suspected heart attack, and appearing mentally unstable.
COPD, which Burt had, is listed under the shortness of breath section.
One slide says “Call Medical Immediately if an Inmate is Complaining of Chest Pains”
According to his cellmate, Mr. Burt complained of chest pains often.
Another slide says, ”Identifying entering inmates mental health needs when they first enter the jail is critical to providing necessary services and enhancing safety in corrections settings.”
In a section on observing an inmate's behavior, it states an inmate's state of consciousness should be monitored. Is the inmate alert, responsive, lethargic, are they sweating, trembling, are they disheveled, is their gait steady, are they jaundiced…
According to his medical paperwork, he was exhibiting most of these signs.
Mr. Womack is in charge of training. He is questioned about the risk assessment form, he confirms the officer who prepared the form was supposed to sign it but failed to do so, so it is impossible to know which intake officer was in charge of Burt’s form. That is a violation of both Hamilton County policy and TCI policy.
He states the Powerpoint is the only written medical training that officers receive.
He states the Powerpoint is the only written medical training that officers receive.
Mr. Bernard confirmed that medical was routinely backed up, and that they’ve had to have “catch up” days where they bring in extra medical practitioners on the weekends.
He confirms that QCHC has never worked in a facility the size of Hamilton County Jail. From his deposition it appears to confirm that there was never an established procedure for communication between intake/booking and QCHC.
He confirms that QCHC has never worked in a facility the size of Hamilton County Jail. From his deposition it appears to confirm that there was never an established procedure for communication between intake/booking and QCHC.
It is noted in the meeting notes that “after 14 days” is considered late.
Notes from this meeting suggest that they’re bringing in many inmates at a time and making it difficult to do thorough medical screenings. Medical staff asked that only 10 in at a time be brought in.
After Mr.Burt’s death, it is noted in a meeting that inmates seem to be losing weight.
At a following meeting it is stated that the average caloric intake for the inmates is lower than it should be by over 300 calories.
Mr. Hammond states he was sheriff “for about 15 or 17 years”, and retired in September 2022. They discuss how he took over as sheriff after Core Civic transitioned out. He confirms that all of the transition decisions were ultimately made by him, including hiring the new medical operations providers QCHC, and they were selected because they put in the best bid. He is questioned about why Silverdale failed inspection and re-inspection every year while he was Sheriff. He says that the facility was in such disrepair that the situation was “untenable“, but you could not just fix it overnight. It would be a multi million dollar project and take longer than his tenure as sheriff. They then discuss the procedure for looking after inmates and performing routine checks. The former sheriff says that some of the cameras were not working, and the previous keepers of the jail have not kept up with modern technology and there were not enough cameras.
They bring out Exhibit 3, which is the September 28, 2021 failed inspection report.
One of the requirements they were not meeting was “security and special observation checks are exceeding the required time parameters“ which means officers were not making the rounds as often as they were supposed to to check on inmates.
He confirms that health screenings have to be done within 14 days of an inmate arriving. He also confirms that QCHC could not comply with the procedure for uploading the medical screenings to CJUS, which is the portal that all medical documents are supposed to be uploaded to, and Tennessee jails are supposed to upload to.
It is noted that they tried to send inmates to the hospital as little as possible as a matter of cost.
The former sheriff is questioned about his knowledge of Timothy Burt’s case, and why he was not seen by medical staff in a more timely manner. The former sheriff states over and over again that he does not know why things happened the way that they did.
They bring out Exhibit 3, which is the September 28, 2021 failed inspection report.
One of the requirements they were not meeting was “security and special observation checks are exceeding the required time parameters“ which means officers were not making the rounds as often as they were supposed to to check on inmates.
He confirms that health screenings have to be done within 14 days of an inmate arriving. He also confirms that QCHC could not comply with the procedure for uploading the medical screenings to CJUS, which is the portal that all medical documents are supposed to be uploaded to, and Tennessee jails are supposed to upload to.
It is noted that they tried to send inmates to the hospital as little as possible as a matter of cost.
The former sheriff is questioned about his knowledge of Timothy Burt’s case, and why he was not seen by medical staff in a more timely manner. The former sheriff states over and over again that he does not know why things happened the way that they did.