Diabetic man loses toes after being ‘refused’ care for ‘oozing’ ulcer in jail, suit says
UPDATE: This story has been updated to include comments from Livingston County, the Livingston County Sheriff’s Office, the Village of Milford and the Milford Police Department.
A Michigan man has filed a lawsuit saying he was “refused” immediate medical care in jail for an ulcer on his left foot, resulting in the loss of his remaining toes.
Jon Messer, 39, of Stockbridge, filed the lawsuit July 5 through Rothis Law PC against the Milford Police Department, Milford Township, Livingston County, the Livingston County Sheriff’s Office, the Livingston County Jail, and individual officers and medical personnel.
McClatchy News reached out to Messer’s attorney July 12 for comment but did not immediately hear back.
“As a matter of practice, we do not comment on pending litigation, however I will offer this. Once all the facts are made known through the legal process, there will be no judgment against this office or any deputies,” Livingston County Sheriff Mike Murphy told McClatchy News.
“Livingston County is working through the legal process and doesn’t comment on pending litigation,” Livingston County Communications Manager Allison Nalepa told McClatchy News.
The Village of Milford had no comment, and the Milford Police Department told McClatchy News it had not yet been served papers but would not comment on pending litigation.
Attorney information was not available for the defendants.
According to the lawsuit, Messer is a longtime Type 2 diabetic who had several toes amputated due to diabetic ulcers not long before his arrest.
On July 12, 2021, Messer, a passenger, was being driven to the hospital for a diabetic ulcer on his foot when Milford police pulled the vehicle over because its plates weren’t visible, according to the lawsuit.
Officers ran Messer’s name through a police database and found a felony warrant for stolen property, the lawsuit said.
After being asked to exit the vehicle, Messer and the driver “begged” the officers not to detain them because Messer was being rushed to a hospital and “needed immediate medical treatment to avoid” losing more toes, according to court records.
Messer was booked at the Livingston County Jail, where staff “refused him necessary medical treatment” for the wound on his foot, “which was also obviously infected, odorous, turning colors, and oozing,” the lawsuit said.
Four days after his arrest, Messer was taken to the hospital where he had the remaining toes on his left foot amputated, his legal team said.
Messer’s constitutional rights protected by the Fifth and 14th amendments were violated, according to the complaint.
He is seeking unspecified compensation and punitive damages, records show.
This story was originally published July 12, 2024 at 6:30 PM with the headline "Diabetic man loses toes after being ‘refused’ care for ‘oozing’ ulcer in jail, suit says."
