Former inmate sues Whatcom County, says he was denied medical care after assault
A King County man is suing Whatcom County and a sheriff’s deputy for allegedly denying him medical treatment while he was an inmate at Whatcom County Jail, eventually resulting in the man undergoing emergency surgery in early 2017.
Frank Maravilla filed a federal civil rights lawsuit Oct. 15 in the Western District of Washington in Seattle against Whatcom County and Whatcom County Sheriff’s Deputy Damon Bruland for withholding medical treatment after he was involved in a fight.
Maravilla’s lawsuit alleges he was deprived of his Constitutional rights under the Eighth and Fourteenth Amendments (cruel and unusual punishment, and equal protection under the law and due process, respectively), that Whatcom County acted negligently and that it had a duty to provide him with heightened care because he was incarcerated, court documents show.
Maravilla is asking for monetary damages.
The lawsuit
Maravilla’s lawsuit states that he was an inmate at the minimum-security Interim Work Center in the Irongate neighborhood on Jan. 19, 2017.
While using a phone at the work center, Maravilla said that other inmates began threatening him, saying “you are going to get beat up” and “you better be scared,” court records state.
After he got off the phone, Maravilla used the bathroom. While he was washing his hands, another inmate threatened him and punched him in the head, according to the lawsuit.
Maravilla tried to defend himself, but fell to the ground. Four other inmates then drug Maravilla into the bathroom and assaulted him, punching and kicking him in the head, back and side, the lawsuit states.
Maravilla sustained severe injuries, some of which were plainly visible, court records state.
When Maravilla told a deputy about the assault, he “was barely able to speak due to significant pain and had difficulty breathing,” court records show. Maravilla states the deputies refused to provide him medical treatment, the lawsuit alleges.
Deputy Bruland did an investigation of the assault, which included taking photos of Maravilla’s injuries and his statement. During this time, Bruland allegedly noticed Maravilla had trouble breathing and speaking and could barely understand when Maravilla requested an ambulance. Bruland then took Maravilla to the Whatcom County Jail downtown, the lawsuit states.
Maravilla’s lawsuit alleges his health continued to deteriorate over the next several days. Maravilla said he experienced extreme shortness of breath, abdominal pain and was vomiting blood. He said multiple deputies observed his symptoms, but did nothing, according to the lawsuit.
Maravilla said he also requested medical aid on several occasions, but deputies did nothing except give him Ibuprofen, court records state.
On Jan. 21, 2017, two days after the assault, Maravilla was taken to St. Joseph hospital. He was diagnosed with a spleen laceration, multiple rib fractures, a collapsed lung and traumatic pneumothorax, court records state.
Maravilla also developed a hematoma on his spleen, which required an emergency splenectomy, the lawsuit states.
Maravilla alleges that because he was denied medical care, he suffered severe mental, emotional and physical distress, permanent mental and emotional harm and required medical treatment, the lawsuit states.
Maravilla alleges that Whatcom County was required to provide a heightened duty of care because of the custodial relationship the county possessed over him, but that the county failed because he wasn’t provided medical care, which ultimately resulted in him sustaining significant injuries, the lawsuit shows.
Denial of allegations
In a response to the lawsuit filed Nov. 14, Civil Deputy Prosecuting Attorney George Roche denied that Whatcom County failed to provide medical care to Maravilla.
While the county admits that Maravilla was involved in an altercation at the work center, the county states that Maravilla’s injuries were caused by his own negligence and carelessness, and that his and others’ conduct, not the county’s, led to his injuries, according to court records.
Roche stated that Maravilla was taken to the downtown jail so he could be evaluated by jail medical staff, court records show.
Roche’s response also states that Bruland’s investigation and Maravilla’s records from his hospital visit “speak for themselves,” the records state.
Whatcom County has asked that Maravilla’s lawsuit be dismissed.
Whatcom County Jail records show Maravilla was in custody stemming from a Dec. 13, 2016, arrest for allegedly violating a domestic violence protection order, third-degree driving with a suspended license, operating a vehicle without an ignition interlock device and several other warrants.
Maravilla has since had court cases in Spokane, King and Pierce counties, court records show.
