21 Jul Lawsuit Filed on Behalf of the Family of Daniel Foard After Excruciating and Preventable Death at La Plata County Jail
Holland, Holland Edwards & Grossman today filed suit on behalf of the family of Daniel “Danny” Foard, a 32-year-old who died a gruesome and entirely preventable death on the floor of his cell at the La Plata County Jail. On August 11, 2023, Mr. Foard was incarcerated at LPCJ on a possession charge — never to leave again. He was progressing through withdrawal protocols for opiates and showing some improvement, to the point of being moved to a general population cell, when he suddenly began falling down, reporting that he was experiencing sharp, excruciating and unrelenting abdominal pain, which the nurses themselves charted as ten out of ten. Rather than call a doctor or get Mr. Foard to the hospital, only minutes away by ambulance, Southern Health Partners’ jail nursing staff decided to warehouse him in a booking cell, supposedly to be “medically monitored” by untrained jail Deputies. Thereafter, nursing did not take any vitals. Nursing returned Mr. Foard to a cell without treating his persisting 10 out of 10 abdominal pain, calling a doctor or transferring him to a hospital. Towards the end, Mr. Foard yelled out for his nurse as she passed by his cell, but she did not respond. Over the course of the next fifteen hours on August 16th, Mr. Foard begged Southern Health Partners’ jail medical staff and LPCJ Deputies for medical attention. But his pleas were callously ignored, despite his inability to reliably stand or walk, his acute and agonizing pain, his profuse sweating, labored breathing, and his persistent loud retching and vomiting, including vomiting blood. Mr. Foard vomited so much, in fact, that he had to be moved to three different cells so his old cells could be cleaned up. This shocking indifference was captured on over three hours of video with audio from surveillance cameras in his final cell. Mr. Foard can be seen and heard yelling out and begging for help, asking to be taken to the hospital, saying he was going to die, reporting that he was vomiting blood while exclaiming “oh my God.” But even all of this was not enough to spur any semblance of a meaningful response. Multiple Deputies, with utter indifference to the bloody vomit Mr. Foard was producing right in front of them, told him to try aiming his vomit into the drain because, as they said they could not keep cleaning his cells. None of the individual Defendants ever tried to help Mr. Foard or obtain obviously necessary medical care. He was not seen or evaluated by anyone with medical training. No vitals were taken during his last 15 hours of being watched only by deputies. No doctor was called. No one did anything to save Mr. Foard by getting him to the just minutes away major hospital. After being deprived of the urgent medical treatment he so obviously needed, Mr. Foard died on the floor of his cell from a highly treatable duodenal ulcer that finally perforated. In addition to suing the involved individuals, La Plata County and SHP are named as Defendants for systematic healthcare understaffing of this Jail, for permitting unqualified, untrained nurses to make medical diagnoses and for routinely using untrained jailors to medically monitor and care for very ill inmates, among a litany of other unconstitutional policies and customs. Such understaffing, while unduly reducing costs, far too frequently leads to preventable tragedies like the one the Foard family must now endure. Danny Foard was known for his kindness, compassion, and generosity – someone who would give the shirt off his back to help another in need. He possessed a rare warmth that touched everyone around him. A gifted musician, Mr. Foard had an extraordinary ability to pick up nearly any instrument and teach himself how to play it. His creativity extended beyond music – he was adventurous, deeply connected to nature, and loved dogs. Above all, Danny Foard loved people, and the treasured relationships he built with his loving family and many friends. Like millions of Americans, Mr. Foard struggled with substance use. But his story was also one of resilience. He achieved and maintained sobriety for many years, supported by his devoted parents, brothers, cousins, coworkers, and friends – none of whom ever gave up on him or his journey. Mr. Foard was so much more than his struggles. He was a son, a brother, a nephew, a cousin, an uncle, and a good friend. His life was rich with love, talent, and courage, a light in the lives of many. View Complaint (PDF)
Media Coverage
AP News – Parents of man who died in Colorado jail say nurses, deputies ignored his pleas for 15 hours USA Today (with video) – ‘I’m gonna die’: Inmate described sharp pain before ‘gruesome’ jail death, lawsuit says Westword.com – Fifteen Hours to Die: How Daniel Foard Suffered While Jailers Watched Durango Herald – Family of inmate who died in La Plata County Jail files lawsuit (PDF)