As seen in the South Bend Tribune, another situation where the practice of law did not mix well together.
The attorney for a Michiana family whose 22-year-old son reportedly starved to death while inside the Elkhart County Jail has filed a $24 million lawsuit against the county.
Nicholas Rice was detained inside the jail for more than a year on an attempted bank robbery charge while doctors and court officials disputed whether he was competent to stand trial. The diagnosed schizophrenic inmate was found dead in his cell Dec. 18, 2004. Autopsy reports later listed malnourishment and dehydration as factors in Rice's death.
The Tribune first reported on Nicholas Rice's case -- "Out of Sight: Mental illness and the criminal justice system" -- in a six-day series in February.
Niles-based attorney Sean Drew filed the suit last week, alleging that Rice was "denied the ultimate liberty interest of life guaranteed by the Fourteenth Amendment" and "subjected to inhumane treatment amounting to torture and as a result died."
Elkhart County sheriff officials did not return messages Friday and Monday seeking comment. A secretary referred all questions Monday to Elkhart County attorney Michael DeBoni. He had not returned a message or e-mail by late Monday.
The negligence suit filed in federal court names multiple defendants, including the Elkhart County Sheriff's Department, Oaklawn -- a Goshen mental health facility -- and Correctional Medical Services, a private company that provides medical services to the jail. Oaklawn communications manager Gloria Miller Holub said Monday that the company would not comment on the case.
Spokesman for Correctional Medical Services Ken Fields also said he would not comment on the pending litigation or Rice's case but did say CMS has provided services for the Elkhart County Jail for nine years and is committed to meeting the physical "and mental health care needs" of its patients.
"We are essentially dealing with a lot of patients who have serious complicated medical conditions," he said, adding that employees assess each case individually and recommend off-site specialists or hospitalization when needed.
Drew, who has worked on the Rice case for more than a year, said, "There's no comparisons. It's difficult to fathom a (regular) person in the very stressful setting, (deprived) of basic medical care, let alone a schizophrenic."
"It went on literally for 15 months."
A downhill road
Rice was arrested in Michigan in 2003 for stealing a vehicle that was later tied to an attempted bank robbery in Nappanee. Although he was found incompetent to stand trial in Michigan, Rice was later moved to Elkhart on the bank robbery charge.
In addition to allowing Rice to starve himself while inside the facility, the lawsuit accuses jail officials of withholding his medication and not protecting him from abuse.
During Rice's year and a half behind bars, he was assaulted with a broomstick by another inmate and received medical treatment for slicing his own neck open with a razor, according to the suit and jail records.
The inmate was constantly naked in his single cell, refused meals and required bathing by jail staff, records and videos show. By the time of his death, the 22-year-old had lost 50 pounds since he arrived at the facility.
Family members say they tried desperately to convince court officials how sick Rice was, enlisting outside help and providing medical records, but to no avail.
Rice was taken to a hospital emergency room on Oct. 5, 2004, after the court issued a 72-hour commitment for medical and psychiatric treatment in a secure facility.
"Patient is dying from malnourishment," jail psychiatrist Bryce Rohrer wrote in Nicholas' application for emergency detention.
A judge finally committed Rice to a state mental facility, but the inmate died in the jail while waiting for an open bed, family members say.
Father Rick Rice said Friday he wants someone to be held accountable for his son's death and he hopes the suit will bring some closure.
"Every day I still think about Nicholas," he said. "The system is broke."
The federal lawsuit was filed on Oct. 5, exactly two years from the day the emergency detention form was written foreshadowing Rice's future.
Rice's mother, Diane Waldrop, said Friday she would like her son's story to open the eyes of officials and stop another preventable death from happening.
"Hopefully this never happens again," she said, "and justice is done."
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