Suit filed over staph infections at jail

Lawyers representing a former King County Jail inmate filed a class-action lawsuit Wednesday claiming that jail conditions are so poor that they violate inmates' constitutional rights.

Filed in U.S. District Court in Seattle, the lawsuit contends that jail officials failed to stop the spread of a highly infectious strain of staph infection called MRSA.

During a five-month period beginning in September, at least 65 inmates were diagnosed with MRSA; one inmate afflicted with MRSA and a flesh-eating bacterium died while in custody.

The plaintiff, 40-year-old Matthew Wisecarver, suffered serious injuries when surgeons were forced to dig into his hand to remove a MRSA infection he contracted in jail, said his attorney, Ed Budge of Seattle.

Wisecarver didn't receive treatment for the infection until he was released from jail, where he was being held pending trial on domestic violence charges.

The county's inability to stop the spread of the disease amounted to a violation of inmates' rights to equal protection under the law and freedom from cruel or unusual punishment, Budge said.

"As soon as they close that door behind you, you're pretty much at the mercy of those jailers," Budge said. "If they don't do what the Constitution mandates, which is get you immediate medical attention, there's not a darn thing you can do about it."

Last year, the Justice Department's Civil Rights Division released a report highly critical of the county Department of Adult and Juvenile Detention, which operates the Seattle jail.

Investigators found that the jail didn't have proper procedures in place to deal with a host of problems, from handling suicidal inmates to investigating complaints against corrections officers.

A jail spokesman, Maj. William Hayes, defended the jail's record, saying jailers take pains to stop the spread of disease at the 1,697-bed facility.

"We believe the overall condition of the jail is good," Hayes said. "We're taking every precaution we can that we can keep the MRSA down as much as possible."

Hayes said he has not reviewed the lawsuit and could not comment on specific allegations.

Budge said he will be asking that the county release medical histories for all inmates who have contracted MRSA to determine how many ex-inmates can join the lawsuit. Those who suffered other medical conditions while incarcerated might join the suit as it progresses toward trial.