Warden can be sued for placing amputee in prison 'hole'

LANSING – The former warden of Michigan's prison for women can be sued for placing a prisoner who was a double amputee and suffering from an infection inside a segregation cell that was not equipped for the handicapped, the U.S. 6th Circuit Court of Appeals said in an opinion released Friday.

Former Warden Susan Davis of Huron Valley Women's Facility claimed she couldn't be sued because, although she placed prisoner Martinique Stoudemire in the cell area known as "the hole" in 2006, she relied on medical staff to alert her if there was a problem and wasn't aware Stoudemire had to change her own dressings and defecate on the floor.

"This argument begs the question of what Davis needed to be told in order to comprehend the substantial risk to Stoudemire," the three-judge panel said in rejecting an effort by Davis to be removed from the lawsuit.

"In today's society, handicap facilities, particularly bathroom accommodations, are considered 'the minimal civilized measure of life's necessities,' " and "a reasonable jury could conclude that Davis was deliberately indifferent to Stoudemire's needs since she admittedly knew of Stoudemire's condition and nonetheless placed her in a cell that was not suitable for a handicapped person and further lacked a means of seeking help from the penal staff."

Stoudemire, who was imprisoned for her role as a driver during several armed robberies committed by her brother, was paroled in 2007. Davis retired in 2008.

The court said: "Davis' attempt to hide behind the health care staff is unavailing because she was responsible for the placement decision and she was personally aware of Stoudemire's condition."

Stoudemire was 23 and had many health problems when she was first sent to Huron Valley in 2002, suffering from a chronic and painful autoimmune disease, a tendency to develop blood clots, and depression, the court said.

"Without proper care, Stoudemire bore a significant risk of experiencing kidney and liver damage, heart attacks, amputations and chronic pain," the court said.

After arriving at the prison, Stoudemire's health quickly deteriorated and she suffered a heart attack, liver failure and several life-threatening embolisms, the court said. She had three amputations while in prison, two of them on the same leg, eventually losing both legs below the knee.

Stoudemire's suit alleges her health complications are the result of the failure of prison officials to provide her with adequate care.

The Corrections Department had no comment on the decision Friday. The Attorney General's Office, which represents Davis, is "reviewing the decision," said spokeswoman Andrea Bitely.

Patricia Streeter, a Canton attorney representing Stoudemire, said the case illustrates "a small part of a much bigger problem with the use of segregation in Michigan, especially for prisoners with medical or mental health problems."

After Stoudemire's final amputation in December of 2006, her stump became infected with methicillin-resistant Staphylococcus aureus (MRSA), requiring quarantine, and Davis ordered her placed in one of the segregation cells normally used for prisoners who have violated rules, the court said.

Stoudemire spent two weeks there, without devices for the handicapped to help her move around and without an alert button, meaning she had to shout for the guards when she needed help, the court said.

"She alleges that the medical staff treated her with contempt. They accused her of malingering and responded with hostility whenever she sought assistance," the court said.

"As a result, Stoudemire was left to care for herself. She was forced to crawl from her bed to the toilet. On one occasion, she had to urinate into a bowl. On another occasion, she defecated on herself. The staff neglected Stoudemire's hygiene. She received only one shower during her two weeks in segregation and was required to dress her wounds herself, which put her at risk of infection."

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.