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70 Dep't of Just. J. Fed. L. & Prac. 69 (2022)
Prosecuting the Denial of Medical Care Based on a Claim of Deliberate Indifference

handle is hein.journals/usab70 and id is 368 raw text is: Prosecuting the Denial of Medical Care Based on a Claim of Deliberate Indifference Christine M. Siscaretti Deputy Chief of Operations Criminal Section, Civil Rights Division I. Introduction Soon after she was booked into jail, N.H. told officers she needed the medication she had been prescribed for a rare blood disorder, warning them, I will die if I don't have it in a week.1 For days, officers watched as N.H. became obviously sick, with symptoms that included dizziness, difficulty breathing, vomiting, and bleeding. N.H. begged officers to help her and told them the name of the doctor who had diagnosed and treated her disorder, as well as the pharmacy where she received her medication. Despite knowing about N.H.'s diagnosis and seeing her worsening condition, officers failed to get her medication, or take her to a hospital, or even call her doctor. Early one morning, officers found the 19-year-old woman lying alone and unresponsive on the concrete floor of an isolation cell. After 10 days in custody without medical care, N.H. died, just as she had warned officers she would. Initially, N.H.'s death appeared to be the inexplicable tragedy of a young life cut short. But a painstaking investigation revealed that her death was more than a tragedy, and it was far from inexplicable. N.H. died because jail officials intentionally denied her necessary medical care while she was in their custody and control. Their decisions were a crime-the crime of deprivation of rights under color of law in violation of 18 U.S.C. § 242. Ultimately, four officers were convicted for their roles in N.H.'s death.2 1 Day 3 Trial Transcript, United States v. Dominick, No. 15-cr-289 (E.D. La. Mar. 11, 2021), ECF No. 902. 2 In United States v. Dominick, No. 15-cr-289, 2016 WL 1408558 (E.D. La. Apr. 11, 2016), defendants Andre Dominick and Timothy Williams each pleaded guilty to depriving the victim of medical care for her serious medical need and causing her death in violation of 18 U.S.C. § 242. Defendants Lisa DOJ Journal of Federal Law and Practice March 2022 69

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