$3,750 Settlement for CCA Prisoner in Failure to Treat Suit

by David M. Reutter

Corrections Corporation of America paid $3,750 to settle a prisoner’s civil rights action alleging he was denied adequate medical care at the Hardeman County Correctional Facility (HCCF) in Tennessee.

Prior to entering HCCF, prisoner Gary Oelrich was issued a limited activity notice and low bunk pass by the Tennessee Department of Correction, due to multiple surgeries Oelrich had on his neck and lower back. While HCCF honored his passes when Oelrich entered on June 26, 2005, the facility changed his treatment from prescribed pain medications to Ibuprofen.

Likewise, an appointment with a neurologist scheduled in early July never occurred. Then, on July 13, 2005, Oelrich was moved to a top tier and top bunk. The next day, he fell off the bunk, causing neck and lower back injuries. Yet an X-ray of his lower back was not taken until February 14, 2006, and an X-ray of his neck was not taken until July 14, almost 11 months after the fall.

At the time of filing his suit, Oelrich had been sent to a specialty care unit, but no tests or care were provided. He agreed to the settlement on February 5, 2009. While he filed his suit pro se, he was later represented by attorney James D. R. Roberts. See: Oelrich v. Turner, U.S.D.C. (W. D. Tenn.), Case No. 1:06-cv-01192.

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