A man in New Mexico has been awarded $22 million after being tossed in solitary confinement for 2 years following a DWI arrest. KOB-TV's Marissa Torres reports.
A man arrested for driving while intoxicated and then forced into solitary confinement for two years tried to get help by writing to the jail's nurse, but the only response he got was a dose of sedatives, his lawyer said.
Stephen Slevin, 57, was arrested in August 2005 in New Mexico’s Dona Ana County, charged with aggravated driving while under the influence and possession of a stolen vehicle, although Slevin maintains the car was lent to him by a friend. On Tuesday, a federal jury in Sante Fe awarded him $22 million in damages for enduring inhumane conditions in the Dona Ana County jail, which he emerged from "hollow," Matt Coyte, his lawyer, told msnbc.com on Wednesday.
Slevin had one medical examination after being arrested and was labeled suicidal, his lawyer said. He was jailed in lieu of posting a $40,000 bond.
“They put him in a padded cell for three days, but they never give him any treatment; their policy is to then just put them in solitary” if there are mental health issues, Coyte told msnbc.com Wednesday.
Coyte described Slevin in court documents as suffering with lifelong mental illness. He told msnbc.com that at the time of his arrest, Slevin had been depressed, and was borrowing a friend’s car because he wanted to get out of Las Cruces, N.M., where he had been living at the time.
He was physically healthy, but desperate to get treatment for his depression that he had been suffering with prior to being in solitary confinement - a cell with no natural light that prisoners are in 23 hours a day, although often times, guards failed to even grant Slevin his one hour of daily recreation time, his lawyer told msnbc.com.
Slevin sent more than a dozen letters to the jail nurse starting days after he was arrested, NBC affiliate KOB.com reported.
“I have not slept in days,” says one letter from Sept. 4, 2005, a couple weeks into solitary confinement. “I’m in a deep depression.” The letter also mentions his lack of appetite.
His mental decline
Two months later, KOB.com reported, Slevin wrote a letter again pleading for help, saying, “My dreams have been both weird and bizarre.”
By the end of November 2005, he wrote, “I’m afraid to close my eyes.”
Coyte, his lawyer, told KOB that if Slevin got any response at all, it was just to up his sedatives.
“He referred to a ‘Dr. Don’ [in the letters],” Coyte told KOB.com. “There was no doctor looking after him. There was a nurse, the nurse practitioner.”
But the so-called nurse practitioner only had a bachelor’s degree in psychology and no actual medical qualifications, KOB reported.
After a few months, Slevin gave up, writing: “I don’t know how much longer I can go on.”
“That was when he fell into a delirium,” Coyte told KOB.com.
Meanwhile, correspondence with the outside world tapered off as well, Coyte told msnbc.com on Thursday.
“His sister was writing him letters and sending him money,” Coyte said. “She thought he would get out soon enough; she would send him small amounts of money every few weeks.”
But when she didn’t hear back from Slevin, she became concerned. She called the jail, Coyte said, but was not given much information.
“She had no idea the condition he was in,” he said. “She is on the other side of the country with limited means. She wrote letters and he responded at the beginning, but then he lost touch with her. If your family member doesn’t write back, you may feel like they don’t want to talk you anymore; it wouldn’t cross your mind that something like this was happening.”
It wouldn’t be until months later that Slevin’s sister, whose name and location Coyte did not give, found out what her brother was going through: Forced to pull out his own tooth because he was denied access to a dentist, he told reporters on Tuesday. Toenails curling around his foot because they were so long. Basically forgotten about in his dark cell for more than 22 months.
"[Jail guards were] walking by me every day, watching me deteriorate," Slevin told KOB.com. "Day after day after day, they did nothing, nothing at all, to get me any help."
Slevin’s sister and other family members actively fought for his release near the end of his detainment once they became aware of his plight, Coyte told msnbc.com Thursday.
“It was her and his aunt and various other family members who were calling legislators, calling county commissioners, saying, ‘Where’s my brother?’” he said.
'Deplorable' conditions
The answer, for most of his 22-month detainment, was that he was in “deplorable” conditions of his solitary “pod,” court documents state, except for a 14-day period in May 2007, when he was sent to New Mexico Behavioral Health Institute in Las Vegas, N.M., for a psychiatric review. He had lost a third of his body weight by that point, documents say, and had bed sores and a fungal infection on his skin.
“As your insanity builds, some people holler or throw feces out their cell doors,” Coyte said Wednesday. “Others rock back and forth under a blanket for a year or more, which is what my client did.”
At the Behavioral Health Institute, Slevin was able to shower and to shave his beard, which had grown long and scraggly during his time in solitary, Coyte said. His mood improved. But after two weeks there, he was sent back to his solitary pod in jail for another month, at which point his mental state deteriorated to the point where he was deemed unfit to participate in his defense, and all charges against him were ultimately dismissed. He was released on June 25, 2007.
It's not clear why he was sent back to solitary after his stint in the mental health institute.
Dona Ana County officials were tight-lipped about the case, refusing to answer questions about whether any jail employees were reprimanded or fired over Slevin's treatment.
"We do not discuss personnel issues," Jess Williams, Dona Ana County's public information director, told msnbc.com on Wednesday.
Williams also wouldn't comment on whether the $22 million the county was ordered to pay would come from taxpayer money, saying only, "Dona Ana County will appeal the verdict."
Coyte sued the Dona Ana County Board of County Commissioners, the County Detention Center, and the jail director and former medical director in December 2008. According to court documents, the county jail’s former medical director, Daniel Zemek prescribed “complicated psychotropic medications” to Slevin without ever seeing him, and renewed prescriptions for him for at least 10 months without an in-person visit. Zemek left the county jail but an adequate replacement for him wasn’t provided, the court documents allege, so jail director Chris Barela continued to have Zemek prescribe medication to Slevin, despite not treating him.
John W. Caldwell, the defendants’ attorney, did not return a phone call from msnbc.com on Thursday.
Coyte, Slevin’s attorney, said greed on the county’s part was partially to blame.
“Talk to the [Dona Ana] County Commissioners who were around in 2000 to 2004 who knew this stuff was going on, and didn’t care,” he said. “Another side to this case is this jail was built to make money housing federal detainees. This is a border town. There are a lot of federal detainees from immigration issues, and the jail charges the federal government a particular amount of money for each detainee.”
Slevin was a county inmate.
“Federal inmates got better care than state inmates,” he said. “There would be better psychiatric care for the federal inmates than for the state or county inmates.”
Slevin will take lifelong medication for his PTSD, although he continues to have support from his sister, Coyte said. Court records show he now lives in Virginia Beach, Va.
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In all likelyhood these people WILL get away with it. Our justice system is utterly corrupt. Once you are accused of a crime, you are pretty much at the mercy of the D/A who can charge ANYONE with ANY crime. "tough on crime" judges look upon the accused with utter hatred and contempt, and the defense attorneys are only interested in how much money they can make off the accused.
Several years ago, I was tailgated for several miles by a police officer. Finally I turned to get out of his way, and he turned on his lights and pulled me over. He claimed I had failed to signal during a lane merge several miles before. I said I wasn't sure I had even broken a law and pulled out a DMV handbook to check. He went berserk and pulled me from my car and sent me to jail. He made a false police report saying I refused to give a license (I did not). Then I was charged several months later with "Interference". I was mad and got a lawyer. The police pulled lots of dirty tricks. They refused to provide the videos from the cars. They refused to provide even the car numbers. Every time they stonewalled, they would give another ridiculous "fee" for getting information. $400 for a police report, $300 for a recording in the booking area. Then if you payed, they would wait for months, then make a "mistake" and provide the wrong information. And the defense lawyers, just don't care. They actually make more money, dragging the cases along. I talked to at least 10 different defense lawyers, and all they cared about was getting me to give them $200 for a "consultation" fee, where they would waste an hour talking.
Finally I took them to court and the 3 officers lied, but several people believed me. So it was a "mistrial" where the jury could not agree on a verdict. Then the D/A charged me with multiple counts of "Felony Perjury" and "Obstruction of Justice". It was $270,000 and 12 years in jail. FOR WHAT STARTED OUT AS an "Illegal Signal"...12 years in Jail.
That is how ridiculous our "Tough on crime" judges - D/A's. Even the defense attorneys are complicit. The more charges filed against me, the more money they make....I gradually get squeezed dry.
Finally I gave up and in an agreement with the D/A, I settled for $0 fine, no community service, and "Interference with an officer. It cost me about $7000 in legal fees and now I have a criminal record.
The system is utterly broken.
A big problem that I see, is that the system is incapable of investigating itself. The D/A isn't going to file charges against itself, and the cops don't want to arrest themselves. The Judges don't want allow trials for other judges. The defense attorney's aren't interested in putting themselves out of business. In fact, they want to be "friends" with the D/A, so that they can get "favors" for their "important" clients.
The whole "justice system" is a cozy "industry" designed to snare a percentage of the population and extract money from them. Justice be damned.
I'm sorry to hear that you went through all that. You are not alone. Everyday in this counrty there is somebody, more likely multiple people, going through this very thing. LEO's pile charges on otherwise law abiding people in the hopes they will get somebody to believe one of the charges. Defense attorney's, especially public defenders, only care about how quick they can plea your case. Nobody inside the judicial system cares whether or not you're guilty. Prosecutors stop at nothing to get your conviction. With the help of the police department they charge you with enough things to put the fear of god in you and you plead to a crime that you aren't even guilty of.
Prosecutors and LEO's can do this because they are immune to civil penalties in most states. They can't be sued for misconduct personally and when they are found liable the tax payers have to pay for their arrogance.
There is no doubt that this entire event, start to finish, resulted in uncaring and unconcerned 'competent', 'responsible', 'LAW ENRORCEMENT', and 'LEGAL' personnel, supposedly acting on behalf of the aAmerican people!
Obviously, they FAILED grossly intheir DUTY.
This man was deprived of his 'day in court' and used as a successfully convictd prisoner, which he was never received even the "RIGHT' to be that!
EACH and EVERY participant who contributed to his treatment should be removed from their position and categorically prevented form ever serving in any similar responsible postitionof occupation. Their individual and collective actions and the outcome are theirs to own for life!
Could it be that perhaps NONE of them can/could not show thier faces in their town?
Have they fled yet?
Congratulations!! YOU have truly brought at least 22,000,000 times more shame upon yourselves, your families, your neighbors, and your comunity than your wrongful and inhumane treatment of this man has upon him. This not to mention the financial burden of the final result!!!
Violent ignorant animals top to bottom: prison officials, cops, judges, court system.
If any blame for this mans condition goes out, it should go out to the nursing staff, the man's Attorney, or, his Probation Officer, he was on Probation as a condition of his sentence. I was in LE for over 40 yrs and dealt with many inmates as this. They prefer to stay in single cell occupancy and not general population because of their violent personality or suicidal tendancies. This story goes alot deeper than what we are reading in this puny news article. Yeah, always blame the Police when something goes wrong. I'm glad I'm RETIRED !!!
scott e, you seem to have missed the part where the guy never had any trial.
so how did they manage to keep the guy locked up in solitary for two years without any freaking trial?
if he had been given an attorney, then he would have had a trial.
stop trying to defend the indefensible, this jail screwed up big time
No matter who we point the finger at this does not solve the problem. Those who choose to work in the penal system including law enforcement should/shall accept their due responsibility as professionals. Only unethical people would allow treatment like this to go on for such a long time. In no way can anyone involved whether directly or indirectly can plead ignorance or no foul. This man's rights as a human being and as a citizen of the United States was severely violated to the point of reflecting the treatment of places like Turkey, Indonesia, Russia or other countries that are totalitarian rule. This reminds me of the Gulags Aleksandr Solzhenitsyn wrote and lectured about to us as students. What a black mark for democracy.
Doug in Reno -2751675,
so non-Americans have to shut up? Is that all you can come up with? You are the ones that non-stop talk about freedom of speech and democracy and then stick your nose in other countries' affairs. If you can't take the heat, why not shut up yourself! After all, you don't know what freedom of speech means in the first place!
All I ever hear is China this, China that! China is the number ONE polluter, blah, blah, blah. Hey, guess who's number TWO? Guess who was number ONE for many many years? Why didn't you speak up then? Think for a minute! There are far more Chinese then there are Americans so that means that you're still making more trash per person than anyone else on this planet.
Regarding the story, yes, it's a shame that this happened to this guy. And anyone thinking that they can spend two years in solitary confinement doesn't know what he's talking about. Also, there's a big difference knowing that you're going to be confined in solitary for two years than not knowing what's going on at all.
absolutely a unbelievable story, and no one got reprimanded for this thats crazy they deserve a taste of that treatment, the man had to have been strong to survive that, hoping the money will help a little to compensate and good things for him.