$1.9million Settlement and Policy Changes at Pend Oreille County Jail for Wrongful Death

Posted by Lauren Freidenberg

[CW: discussion of wrongful death, below]

29 year old Jacob Mitchell was a Type I diabetic. When he was confined in Pend Oreille County Jail, he was dependent on it for his medical treatment. Jacob had a particular need for such care because, as the jail knew, he suffered from schizophrenia and other mental health conditions that made him incapable of managing his oral intake or his diabetes on his own.  But the jail failed to provide that care. Instead, throughout his incarceration, Jacob’s very serious diabetic condition was managed by unlicensed, untrained correctional officers. Jacob only saw real health care professionals during appointments to treat acute issues that developed as a direct result of Pend Oreille County Jail’s failure to provide him with adequate regular care.

In the days leading to Jacob’s death, Pend Oreille County Jail deputies and medical staff ignored his repeated requests for help.  Although Jacob had visible tremors, Deputies claimed that he was lying about his condition and was “doing this for attention.” In response to Jacob crying, screaming, and asking for help, he was told to “shut up” and called “a little shit.”

In the late evening of April 4, 2023, a Deputy administered a long-lasting insulin, Lantus, to Jacob.  That was a fatal mistake, because (as the jail staff knew) Jacob’s blood sugar levels were previously hypoglycemic and the Emergency Room had just brought them back to around normal. Jacob died that night. He was found kneeled on the concrete in a prayer position.  He was there for over 6 hours, and without proper cell checks or any monitoring, before jail staff realized he was dead. Full rigor mortis had set in by the time deputies entered his cell.

Lauren Freidenberg-McBride, Braden Pence, and Tim Ford, along with MHB’s incredible support staff Lucas Wildner, Andrew Drake, Chris Bascom, and Cristy Caldwell represented Jacob’s estate and his father. MHB filed a lawsuit for inadequate medical care in violation of the Eighth Amendment to the U.S. Constitution and other state law claims.

The parties settled this civil rights matter in the early stages of litigation.  Jacob’s father, as personal representative of his estate, agreed to compromise on damages in exchange for changes in the jail’s policies and procedures designed to prevent future similar tragedies.  The final settlement terms were: 

  • $1.9 million in damages to the estate and the family members;
  • Pend Oreille Jail agreed to implement policy and training changes:
    • Use cell sensors in single occupancy cells to monitor incarcerated individuals for abnormal conduct and vital signs;
    • Offer a wrist monitor to any incarcerated individual who (1) identifies a chronic medical condition at the time of the medical intake at the jail, or (2) jail staff later learns has a chronic medical condition; and
    • Emphasize diabetes management and care in the annual staff training and curriculum, to include monitoring procedures, blood sugar testing, insulin injections, and identifying signs or symptoms possibly related to diabetes

Advancing Justice, Freedom, Equality & Opportunity.

Since 1952, we have been helping individual and corporate clients navigate immigration laws and fight for their civil rights and liberties. We look forward to working with you.

View Practice Areas