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Xavius Scullark-Johnson, Prisoner, Dies After He's Denied Health Care

Xavius Scullarkjohnson

First Posted: 06/26/12 08:11 AM ET Updated: 06/27/12 01:46 PM ET

A prisoner was left in his urine-soaked cell to die after a nurse turned away an ambulance, even though he had suffered several seizures, according to documents obtained by the Star Tribune.

Xavius Scullark-Johnson, 27, was three months away from getting out of prison when he died in June 2010. He was serving a five-month sentence for a probation violation stemming from a second-degree assault conviction. Now his mother, Olivia Scullark, is suing two nurses employed by the Minnesota Department of Corrections at the Rush City prison, as well as other medical staff and corrections officers, according to the Pioneer Press.

Scullark told The Huffington Post she filed the lawsuit because that's what her son, who suffered from schizophrenia and a seizure disorder, told her to do if he didn't make it out of the prison alive.

"My son has written me a lot of letters," Scullark said. "His seizures got worse there. He said if he doesn't get out of there, I should sue them."

The Minnesota DOC declined to comment on Scullark-Johnson's death, citing the pending litigation. But in an email to HuffPost, DOC spokesperson Sarah Berg said, "the department must balance the needs of our offender population with the limited resources appropriated by the legislature."

Scullark said her son deserved to be treated much better.

"You can't even leave an animal like that," she said. "I'm pretty angry, but I'm glad that some justice is gonna come."

According to DOC documents and ambulance reports obtained by the Tribune, Scullark-Johnson was found "soaked in urine on the floor of his cell" on the night of June 28, 2010. "He was coiled in a fetal position and in an altered state of consciousness that suggested he had suffered a seizure," according to notes taken by nurse Linda Andrews.

The nurse left the prison after her shift ended without contacting the on-call doctor, instead telling corrections officers to keep an eye on him, according to the documents.

When a corrections officer later phoned the doctor after Scullark-Johnson's condition seemed to worsen, the doctor advised the officer to call 911, documents said. But when an ambulance showed up to take Scullark-Johnson to a hospital, the nurse on duty, Denise Garin, turned it away. Scullark-Johnson was pronounced dead hours later.

The Tribune notes that ambulance runs are "strictly monitored" in "an effort to cut costs" by Corizon Inc., the for-profit company contracted by the DOC to care for its prisoners.

Berg said DOC has a contract with a private health care company "to help manage care in a cost-efficient manner while still complying with community standards of care.

"Like any healthcare consumer may experience, this includes formularies, utilization review and managed care," Berg said. "It should be noted that the DOC does not train staff to consider costs when responding to life-threatening emergencies."

David Fathi, the director of the American Civil Liberties Union National Prison Project, told HuffPost that the government is constitutionally required to protect prisoners' health. "Prison officials have a duty under the Constitution to provide prisoners with adequate medical care," Fathi said in an email. "When they violate that duty, the results can be tragic."

Fathi insisted that responsibility remains in the hands of the government, even when a private company is put in charge of caring for inmates.

"Prison officials can hire private contractors to provide health care, but the legal responsibility for ensuring that prisoners receive adequate care always lies with the state," he said.

Companies looking out for their bottom lines have no business providing services to prisoners, according to Fathi.

"We believe that incarceration is a uniquely governmental function that should never be contracted out to private, for-profit corporations," Fathi said. "When you combine the profit motive with limited oversight and an unpopular, politically powerless group like prisoners, it's a recipe for bad outcomes."

 
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08:41 PM on 07/02/2012
If an animal behaved the way he did, it would have been euthanized immediately.
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02:44 PM on 07/02/2012
when money is the bottom line, this will continue to happen. If the US didn't profit from the prison system, this wouldn't happen. It's hard to believe the American public buys and sells their fellow citizens' lives and misery. Nice country.
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Vivian Bennett-Cohan
03:34 PM on 07/02/2012
This is pathetic. And no, not all Americans buy and sell their fellow citizens lives and misery.

Yes, we are mostly a nice country, but there are some really crappy things happening.

this is what our ObamaTax law will come down too..... RATIONED CARE.
05:35 PM on 07/02/2012
We don't profit from it. Are you kidding me? The prison system is a huge burden on the law-abiding tax payers. The reason we have such a huge prison population is because we have a huge criminal population, and not just drug-related. The man who died was imprisoned due to violent crime. He needed to be punished and kept separate from society. The fact that there are incompetent employees (likely the bottom of the barrel workers who are willing to work in a prison for less pay than a hospital) doesn't mean that we are profitting from the fact that criminals are a huge burden on our society.
06:41 PM on 07/02/2012
Actually there is a lot of profit in the prision system. The Federal Bureau of Prisions has UNICOR or Federal Prision Industries were they pay inmates maybe 50 cents an hour to do things such as rebuid diesel engines, make clothing, etc.

The entire justice system is rigged for maximum profit due to the drugh "war" via seisures and all the jobs it provides. One Jefferson county in Texas begged for lots of prisions during the 90s for the jobs it brings in. It now has several large prision complexs which I would say has the largest concentraition of prisons in one area in all the US. The Feds, State, and County all have prision complexs within about 1 mile of each other.
03:55 AM on 07/03/2012
Paper work and what these jerks put down make it sound so bad than what it really is. To be honest how come they dont arrest the batter running up to the pitcher mound when he goes to assult the other player or when the hockey players are fightning on the ice and they just let it happen but in reality they are breaking the law but nothing happens to them. Basically he got into a fight and got arrested and then now went back to jail for a violation and these incompetent monsters who run these jails dont give a *&% about humans and to tell you the Gods honest truth they are worse than the inmates.
01:22 PM on 07/01/2012
Lawsuit my ass. Both of the nurses involved should lose their licenses for gross neglect and be brought up on criminal charges especially the 2nd one who not only violated the direct order of the physician on call (Hey dip**(& nurse you take orders from MDs not the other way around) but then essentially denied care to a patient causing his death that by definition is manslaughter/negligent homocide in any state... On top of that its apparent what the root cause of this was which is FOR PROFIT Corrections which Ive always had a problem with. CCA and others basically are the reason the prison populations are booming. They actually demand harsher sentences for lesser and non-violent crimes then as such line up to manage the increase needs as more prisons are required to be built and then happily offer to run those prisons supposedly cheaper then the state can themselves and this is the cost. Human life because while I agree prisoners in general shouldnt have it cushy with free cable TV and such, basic medical care being denied to a patient with life threatening issues is unacceptable and is criminal in its own right.
07:42 AM on 07/01/2012
This story really pizzes me off.
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oldf-rt
I may be an old fart but I'm a sneaky old fart.
04:34 AM on 07/01/2012
Those who follow my posts know I'm no bleeding heart, but I hope someone hangs for this. If you leave your dog to die like this you'll be charged with cruelty but it's OK to treat a mentally ill person like this?? They should be charged with negligent homicide.
08:21 PM on 06/30/2012
One less con in the world ;-)
05:33 PM on 06/30/2012
Worthless prisoner? We'll see how many millions are paid for this cruelty to animals offense will cost the prison system. I hope both nurses lose their licenses for their discompassion and obvious substandard clinical judgment that caused a sick man to lose his life.
02:50 PM on 06/30/2012
I DESPISE frivolous lawsuits but I hope this mother WINS BIG TIME. I also do not think prisoners should be coddled, but BASIC HEALTHCARE MUST BE ADDRESSED. The nurse was dead wrong, and cruel to turn the ambulance away. I know of "jail house" nurse's cruel mentality through personal experience. I was arrested for hitch hiking when young, and held for 36 hours of H e l l on earth. (Big city, HUGE backlog). There was a woman with me that suffered from HORRIBLE migraines and cried for hours and hours from the pain.. The nurse REFUSED to give her simple tylenol.
(Something the woman did take regularly on her own.) This woman suffered for hours in intense pain. The nurse did not care AT ALL. She was the colder then the criminals. The criminals had more mercy and compassion for this women. That nurse looked at us all like we were all animals. One day, she will have to explain herself to The Lord.
11:27 AM on 06/30/2012
My wife is a nurse and she tells me when a patient is sent to the hospital...it can take the nurse 30 minutes to complete paperwork required to send with patient to hospital...which may require nurse to work past her normal time to get off. So if the inmate was having problems... at a time close to shift change time...lazy nurses will deny treatment or turn back an ambulance such as what happen here... so she can leave work on time.
11:03 AM on 06/29/2012
The ACLU, and the Democrats wanted all the mental hospitals closed, and the Sol Alinskis, of the psycho world turned loose in us. Now these same a entities are turning psychopath killers , under sol alinskis rules back on us. These are Obamaos/democrats voters.
Next as you have all heard, Bids are being taken too staff FEMA center 24/7, like prisons/TSA , 420 million MRE"S, Millions of rounds of ammunition for domestic use has been purchased by USA Fedearl Gov. Box cars are bring hidden in rural communities,
All for the protection of the White USA Citizen ,. Will be rounded up and placedin FEMA cams for their protection. One door in no door out. Enforcers, UNIONS
02:05 PM on 06/29/2012
And, you probably voted King George and his lackies here in Texas too.
05:26 AM on 07/01/2012
Excuse me there son. It was the REAGAN administration who closed down all the mental institutions and tossed the patients out on the streets.
10:27 PM on 06/28/2012
Too many mentally ill criminals end up in normal jail when they should be confined in mental wards for appropriate treatment. Our society is cheap. People will pay money everyday to read about Kanye West, but they won't pay a cent more for the jails they put people in. I can't wait until the taxpayers of Minnesota see how much they "saved" using their approach.
11:42 PM on 06/28/2012
Mental wards -- jail. What's the diff? Violent crimes NOT reported by the hospital staff or the violent crimes mandated by law to be reported by the jails.

The simple fact is if you put a psychotic in a jail he or she will be psychotic. if you put a put a psychotic in a mental ward he or she will be a psychotic. If you put a psychotic in society you will suffer. Period.
10:37 AM on 06/29/2012
@ John Smith - You are so clueless to the difference - Try taking a few courses in Criminal Justice and Sociology to better educate yourself on the differences! I can bet you the world that if it was an immediate relative of yours who was in the same exact boat, you would be screaming at the top of your lungs for justice!! Its people like you who need to have your pea brains updated!
08:47 PM on 07/02/2012
Too many murderers and rapists end up in jail instead of coffins. Want to fix the problem? Have the others work in chain gangs, digging graves for the murderers and rapists. Six month MAXIMUM death row wait before execution.

Suddenly we have a TON more resources, and a prison system that stands a chance for rehabilitation.
12:40 PM on 06/28/2012
Hellooooo... umm... schizophrenia and a seizure disorder. Mental illness surely played a prat in his being in prison in the first place. Mental illness also most likely prevented him from affectively communicating his physical ailments to the medical personnel. The medicsal personnel should have been aware of these factors and been more observant of his condition.
This young man didn't commit a capital crime, he shouldn't have had to pay with his life. Shame on the Minnesota DOC!
10:39 AM on 06/29/2012
Exactly!! And for those who are so quick to judge someone with mental illnesses, they should research the causes and differences before they flick their forked tongue! but ohhhh, let it happen to one of their family members, they would see how loud they could scream injustice!
06:26 AM on 06/28/2012
I guess it is too bad for Xav! The nurses were probably unaware that he was having problems!
02:13 PM on 06/29/2012
@honoon60: don't by into that. I'm nurse for over thirty years. She told the person (nurse/officer) to watch that inmate. Then the on duty turns away the ambulance. Both nurse to need to be arrested and prosecuted; no probation, prison time and lose their license.
03:58 PM on 06/29/2012
You got it right Doc. The nurse who turned away the ambulance in particular has no defense, voluntary manslaughter at a minimum. The man didn't need to die, yet there we have it. Rich in New Mexico.