On August 9, 2012, Pope McGlamry P.C. filed a federal action concerning the cruel and unusual treatment and ultimate death of 17-year-old prison inmate Fabian Avery, III (“Avery”). Due to over-crowding of the jails in Atlanta, Georgia, Avery was transferred from the Fulton County Jail to the Pelham Municipal Jail in Pelham, Georgia. Soon after his arrival in Pelham, Avery began complaining of nausea, vomiting, abdominal and back pain and an inability to eat. Within days of his initial complaints, Avery was so ill and weak that he repeatedly vomited and defecated on himself, and other inmates had to carry Avery to the jail doctor and assist him to take a shower. The medical and correctional staff moved Avery to an isolation cell known as “the hole” because he vomited, defecated and urinated on himself, his clothing and his mattress. In the face of Avery’s obvious pain, deteriorating condition and pleas for help from Fabian himself, from his family, and from other inmates, the medical, supervisory and correctional staff at the Pelham Jail stood by and was deliberately indifferent to his serious medical needs. Avery was not provided standard medical care and was never transported to a local hospital. On March 18, 2011, after enduring what can only be described as physical and mental torture, Avery was found dead, lying in his own feces on a soiled mattress on the floor of his isolation cell. An autopsy revealed Avery died from infection due to a ruptured appendix.
Through her attorneys at Pope McGlamry P.C., Fabian Avery’s mother, Sandrini Scott, is pursuing claims for the violation of her son’s Constitutional Rights in that her son was denied access to medical care and subjected to cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution. Ms. Scott also seeks damages for her son’s wrongful death due to medical malpractice under Georgia law.
If you or someone you know has been injured because of the negligence of someone else, call the personal injury attorneys at Pope McGlamry P.C. today to schedule a free consultation.
