FULTONVILLE -- The mother of a man who died after spending months in jail complaining of a festering sinus growth on his face has filed a lawsuit alleging that police are responsible for his death.

The lawsuit filed by the mother of James Vandermark in state Supreme Court and U.S. District Court in Utica also accuses police and jail officials of not giving adequate medical care to other detainees.

Vandermark, 27, died on Oct. 27, 2009, after he was sent to the Montgomery County Jail in June 2009 on charges of violating parole, court documents state.

He repeatedly complained about problems with his sinuses and had a visible growth on his face that affected his vision and cognitive abilities, but the lawsuit states his complaints were ignored and he was instead placed in disciplinary segregation. He was seen by a specialist six weeks after his complaints, documents state.

The doctor ordered a CT scan, but that was not given until the first week of October, documents state. By Oct. 22, Vandermark was rushed to the hospital and declared brain dead.

Then, the lawsuit states, "James Vandermark had to endure one final indignity at the hands of the Montgomery County Sheriff, Michael Amato," and the jail discharged Vandermark so the county would not have to pay his medical bills.

Theresa Vandermark, James' mother, was billed tens of thousands of dollars for her son's treatment.

"Not only did Sheriff Amato's jail medical staff ignore Mr. Vandermark's pleas for help and turn their back on his serious medical needs, but then Sheriff Amato stuck Vandermark's mother with the bill when her son died because of his department's failures," the lawsuit states.

A woman who answered the phone at Amato's office said the sheriff had no comment.

The lawsuit also accuses the department of routinely skimping on medical care for inmates to save money, including not hiring adequate nursing staff, not providing adequate medication and not taking detainees who need it to outside physicians.

Elmer Robert Keach, the attorney for Vandermark's mother, said he has received at least six or seven letters from inmates at the Montgomery County Jail complaining of inadequate medical treatment, but their problems did not rise to the level of something he could take to court. He said the issues are the same as those listed in the Vandermark lawsuit: refusal to take inmates to outside physicians, refusal to provide medication and not hiring adequate medical staff.

"I get a lot of complaints about guys not having adequate medical care," he said.

Dayelin Roman can be reached at 454-5350 or droman@timesunion.com.