Lawsuit: Livingston County deputies faulted for inmate death – News – MPNnow

The family of a Mount Morris man who died in Livingston County Jail cites negligence.

GENESEO — The family of a Mount Morris man who died of a drug overdose while in custody in the Livingston County Jail is blaming deputies for his death in a new federal lawsuit.

“They did fail him. They failed him on multiple tests,” said Cassandra Brock, whose boyfriend, Noel Colon, died of a fentanyl overdose. “It does not feel like it’s getting any easier, him not being here. It feels like it’s getting harder.”

The lawsuit, filed Thursday in federal court in Rochester, accuses five named Livingston County deputies and several more unnamed deputies of negligence, causing a wrongful death and violating Colon’s rights.

According to the lawsuit, deputies pulled Colon over in Mount Morris on Nov. 2, 2017, and arrested him on a charge of driving under the influence of drugs.

He was searched and locked up in the Livingston County Jail prior to arraignment.

At the time, the lawsuit said, Colon admitted he’d been taking fentanyl.

“They should have red-flagged him,” said attorney John Parrinello, who represents Brock and Colon’s daughter Mercedes. “They should’ve had constant watch on him.”

Instead, Parrinello said, a search somehow missed bags of fentanyl that Parrinello speculated Colon had hidden in his socks.

He was discovered dead the following morning with four bags scattered around him.

“The deputies did not do an adequate job with all of the indices of the fact that he was a drug user, in searching him and making sure he was safe,” Parrinello said.

Livingston County Sheriff Thomas Dougherty declined to comment on the case because of the legal action. The Livingston County attorney was asked for comment but did not respond.

The lawsuit also took issue that an admitted drug user was not watched more closely while in custody.

Papers filed with the federal court highlighted the Livingston County Sheriff’s Office policy, which says: “At a minimum, the condition of a detainee in Central Booking shall be checked at a minimum of every thirty (30) minutes.”

“The policy provides for constant surveillance,” said Parrinello, “especially if you have somebody that has all the indications of a drug user, which he did that night.”

Brock said Colon had just finished rehab two days before his arrest.

“He was struggling,” Brock said. “He was trying to do the right thing. But the temptation is always there.”

Brock, who is a licensed practical nurse, said it is inconceivable that someone with a condition like Colon’s would not be more closely monitored for life-threatening problems.

“I mean, he told them he had a problem,” Brock said. “They knew. They were aware. So they definitely should’ve watched him more, had maybe more medical attention for him.”