Livingston County jail officials are to blame for the fentanyl-induced overdose death of a Mount Morris man who told deputies of his drug addiction before he was jailed, a federal lawsuit claims.

The family of Noel Colon filed the federal lawsuit, alleging that negligence at the jail contributed to Colon’s November 2017 overdose death there. Colon was found dead with empty packs of fentanyl in his cell

Attorney John Parrinello, who represents the family, said that the jail staff ignored its own policies, apparently allowing Colon to smuggle in fentanyl and then overdose on the drugs. The lawsuit targets deputies who were working and interacted with Colon.

“The question is how did the fentanyl get into the cell with him if it wasn’t caused by the negligence of the deputies that handled him,” Parrinello said. The lawsuit was filed on behalf of Colon’s girlfriend, Cassandra Lee Brock, and Colon’s daughter.

Livingston County Sheriff Thomas Dougherty declined to comment because the lawsuit is pending.

According to the lawsuit:

• Colon was stopped and arrested after he was reported to be driving erratically the night of Nov. 2, 2017. He was accused of drunken driving and possession of a hypodermic needle, which was allegedly found in Noel’s shoe.

• Brock’s brother was a passenger and was arrested and accused of having a bag of fentanyl-laced heroin in his socks, which he took off at the stop.

• Before being jailed, Colon said at a drug evaluation interview that he was addicted to fentanyl. His speech was slow, his eyes watery, he had white residue in his nose, and he admitted to ingesting fentanyl hours earlier.

• A suicide evaluation also noted his drug addiction and past mental health treatments, and determined he was not at risk of suicide.

• Colon was apparently in the jail for several hours before being found unconscious when breakfast was brought to his cell. He was pronounced dead shortly thereafter.

The jail policy says that “at a minimum” inmates awaiting arraignment like Colon should be checked every 30 minutes. Parrinello said that there is nothing in jail records to indicate that Colon was checked on between when he was jailed and the discovery of him unconscious.

Records do not indicate that Colon’s socks were turned into the property room, a possible sign that he smuggled drugs in within his socks, Parrinello said. The jail policy says there should be a strip search if the individual may have contraband hidden on them. 

“If this case goes forward to trial, the (county’s) argument will be that he’s to blame, he’s the one that took the fentanyl into the cell, he’s the one that ingested the fentanyl,” Parrinello said. 

“I think you have to stop yourself prior to the ingestion of the fentanyl and ask how did the fentanyl get into the cell. That’s the $64,000 question.”

GCRAIG@Gannett.com

 

 

Read or Share this story: https://www.democratandchronicle.com/story/news/2019/02/08/livingston-county-sheriffs-deputies-sued-over-jail-overdose-death/2800291002/