An Ingham County man who claims police and jail personnel ignored his acute medical issues following an arrest — causing him to lose several toes — is suing the Milford Police Department, two of its officers, Livingston County and several others.
Jon Messer, 39, of Stockbridge, recently filed the federal complaint in U.S. District Court – Eastern District of Michigan, seeking a jury trial and a to-be-determined amount of damages stemming from a 2021 arrest. Also named in the lawsuit are the Livingston County Jail and several of its administrators, a Livingston County sheriff’s deputy, a jailhouse doctor and other medical personnel.
As stated in the lawsuit, Messer was taken into custody outside Childs Lake Estates mobile home park in Milford Township on July 12, 2021 after police pulled over the car he was a passenger in and subsequently determined he had an outstanding warrant for stolen property out of Howell. Messer, a diabetic who previously underwent amputation of several toes due to complications from the disease, was reportedly being driven to an emergency room at the time of the traffic stop because of ulcers on his feet and concerns that he was at risk of losing more toes. He claims to have told the two Milford police officers about his need for medical care but they “intentionally refused” and instead transported him to a Livingston County gas station to be picked up by a deputy and taken to the Livingston County Jail.
Messer then told the Livingston County deputy about his medical issues and need for immediate medical attention to avoid additional amputations and other injury but he was transported to the jail, the lawsuit states. The jail’s booking officer was also made aware of the medical issue but again Messer was refused medical attention, according to the lawsuit.
It’s further alleged that medical personnel at the jail “intentionally, deliberately and recklessly ignored (Messer’s) serious medical needs.” Four days passed before Messer was seen by the jail’s doctor, who recommended he be “checked out” due to the open ulcers, the lawsuit states.
Once he was hospitalized, all remaining toes on Messer’s left foot required amputation. After he was returned to the jail, medical orders weren’t properly followed, the complaint states.
As a result, Messer is suffering with “serious medical needs and injuries, and severe and emotional distress,” as well as serious complications to his health,” the complaint states.
Gross negligence, cruel and unusual punishment while incarcerated and are among the allegations stated in the lawsuit.
According to court records, a summons was issued on July 8.
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