A federal court judge in Camden listened to the plaintiffs' attorneys argue for injunctive relief Friday. In the three-count complaint, the inmates seek a change in the policy for testing, education for inmates on the disease and separation of those who exhibit signs of the illness, from those who do not.
U.S. District Court Judge Noel L. Hillman denied the immediate relief, but the case will continue, an attorney for the plaintiffs said.
The judge ruled that county jail and health officials have been following proper procedures in handling testing and administering treatment to with symptoms of the disease, James Ferguson, Atlantic County counsel, said Wednesday.
But Hillman said the plaintiffs' attorneys could bring the injunctive relief order back to federal court if they receive copies of the inmates' medical records and feel there is evidence of negligence by the jail and health officials.
Michelle Douglass, an attorney representing the inmates, said Wednesday, that she hopes to get the inmates' records within a week. She and co-counsel Michael Testa will review the medical information and will likely head back to court seeking the same relief — stricter county policies.
“When I talk to these guys (the inmates) they tell me they have been refused testing and treatment,” Douglass said. “There are three people to a cell. They say, ‘We just want to be tested as a precautionary measure and the medical staff won't do it.' Their procedures and policies leave something to be desired.”
In addition to Atlantic County, jail warden Gary Merline and The Center for Family Guidance — which has a contract with the county to provide medical care for the inmates — were named as defendants in the lawsuit filed Feb. 20.
“Much has been made from a variety of sources about the problems with TB at the jail. The judge looked at everything and determined there was no basis for injunctive relief,” Ferguson said. “He found the county, the Atlantic County Division of Public Health, and the jail's medical provider, CFG Health Systems, had properly recognized the risks involved in the matter and took it seriously.”
The TB controversy began when an inmate was admitted to the jail in October. He tested negative for tuberculosis in the initial skin test, but by the end of the month he showed signs of the disease — coughing, fever, sneezing and weight loss. When the jail doctor discovered the symptoms, the inmate was rushed to the hospital. He remained there until the end of December before going back to jail, county health officials have said.
Four inmates who had prolonged exposure to the infected inmate have since tested positive for TB. They were taken to the hospital for treatment. Three corrections officers have shown signs they were exposed to the disease in initial tests, but are undergoing additional tests to determine if they have tuberculosis, health officials have said.
On Jan. 16, Myron Plotkin, the labor negotiator for FOP Lodge 34, which represents the corrections officers at the jail, went to a freeholder's meeting and brought up the corrections officers concerns during a budget hearing. It angered some county officials who felt the tone was that the county was covering up a health problem at the jail in Mays Landing.
The complaint was filed on behalf of the following inmates: Kasiem Brown, Kevon Brown, Leon Garrison, Richawn Holloway, Calvin Johnson, Rockahan McPherson, Omar Molley, Timothy West, Paul Smith, Ulises Ortiz, Marcus Collins, Travis Williams, Bernard Snead, Herbert Meyers, Michael Derry, Timothy Hadley, Craig Judson and Randolph Carson.
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