Monday, April 6, 2015

HUMANE TREATMENT OR CRUEL AND UNUSUAL PUNISHMENT AS A MATTER OF PUBLIC POLICY IN MEDINA COUNTY ?

FOLLOWING IS REASON #2 TO NOT HOLD THS TRIAL, OR ANY OTHER TRIAL IN MEDINA COUNTY.



2.         The Conduct of Future Proceedings, Including the Trial, in Cuyahoga County Will Eliminate the Threat of Witness Intimidation, Retaliation, and Further Physical Violence From the Medina County Prosecutor’s Office and Medina County Sheriff’s Deputies.   





The  State, by and through the bad faith conduct, in fact misconduct, of the Medina County Prosecutor’s Office and the Medina County Sheriff’s Office, has exhibited unbridled animus toward Mr. Hartman, his family, and defense counsel throughout the course of the prior proceedings in this case.

A.        The Deliberate Refusal of the Medina County Sheriff’s Office to Provide Timely and Adequate Medical Treatment to Mr. Hartman for a Life-Threatening Illness, While Confined in the Medina County Jail, Speaks to the Animus of the Medina County Sheriff’s Office Toward Mr. Hartman                                                          



During trial proceedings at his second trial, Matthew Hartman complained of pain and swelling at his left thigh, and sought medical treatment.  During the initial treatment, the attending physician recommended additional medical testing, which Mr. Hartman deferred so as not to impede the progress of his trial. As trial progressed, however, the level of pain and swelling increased.

            Mr. Hartman was convicted by jury on May 18, 2012, whereupon the Court ordered him remanded to the custody of the Medina County Jail.  During his post-conviction confinement at the Medina County Jail, Mr. Hartman’s physical condition and health continued to decline.  Personnel of the Medina County Sheriff’s Office were indifferent to Mr. Hartman’s medical needs and, on more than one occasion, Mr. Hartman’s counsel requested the intervention of this Court to obtain medical treatment for Mr. Hartman.

            On or about May 20, 2012, Mr. Hartman was conveyed by Medina County Sheriff’s to the Medina General Hospital Emergency Room, where the attending physician ruled out a blood clot in the left leg, without any further medical treatment.  Mr. Hartman was returned to the Medina County Jail, with physician’s orders that Mr. Hartman be returned to the hospital in the event that his condition worsened.

            Mr. Hartman’s condition continued to deteriorate. Swelling and pain increased to the level that Mr. Hartman became delirious. Sheriff’s personal refused to return him to the Medina General Hospital, contrary to physician’s orders, and repeatedly derided Mr. Hartman as a “faker.”

            On May 24, 2012, the Court conducted a sentencing hearing and imposed sentence on Mr. Hartman. At the conclusion of the hearing, Mr. Hartman’s counsel again sought the Court’s intervention in obtaining medical treatment for Mr. Hartman.  Specifically, Mr. Hartman’s Counsel requested the Court to order the Medina County Sheriff’s Office to convey Mr. Hartman directly to the hospital for medical treatment.  The Court refused the request, and stated the belief that the Medina County Sheriff was qualified to the medical need of Mr. Hartman.  The court’s confidence was misplaced.

            Following the sentencing hearing, Mr. Hartman’s medical status deteriorated rapidly and he became desperately ill.  Sheriff’s Office corrections and contract medical personnel, including the Medina County Sheriff, refused Mr. Hartman access to medical treatment.  Ultimately, Mr. Hartman’s mother sought intervention from political figures in Medina County.  Those figures prevailed upon Sheriff Hassinger to take some action on behalf of Mr. Hartman.

            As a result, the Sheriff personally proceeded to the pod where Mr. Hartman was being held and observed his physical condition.  Sheriff Hassinger, upon observing Mr. Hartman’s condition, ordered Mr. Hartman to be conveyed immediately to the Emergency Room at the Medina General Hospital.  The Sheriff later conceded that, when he observed Mr. Hartman’s condition, he feared that Mr. Hartman may very well have died upon the premises of the County Jail.

            Mr. Hartman was finally conveyed to the Medina General Hospital, where he was diagnosed with abscess to the left thigh, sepsis due to abscess, leukocytosis due to the abscess, thrombocytosis due to the abscess, acute kidney injury due to the abscess, shock likely septic in nature due to the untreated abscess, and anemia.  Concerns included exposure to MRSA exposure in the prison setting.

            Mr. Hartman hovered near death and, on the morning that surgeons intended to amputate his left leg, Mr. Hartman began responding to treatment.  In fact, while Mr. Hartman remained hospitalized, near death and under guard, certain Sheriff’s Office personnel continued to mock and deride Mr. Hartman.

            Mr. Hartman remained hospitalized for ten weeks due to complications arising from his medical condition, for which he had been denied treatment while confined at the Medina County Jail.  Mr. Hartman has compiled a complete set of his medical records, which are available to the Court for inspection.

Moreover, the Medina County Sheriff’s Office barred Mr. Hartman’s family from visitation as he hovered near death at Medina General Hospital. See 2/11/2013 Petition to Vacate and Set Aside Judgment of Conviction and Sentence in Second Trial.       

The Supreme Court has interpreted the Eighth Amendment's proscription against cruel and unusual punishment as imposing a duty upon the States, through the Fourteenth Amendment, "to provide adequate medical care to incarcerated individuals." Boyce v. Moore, 314 F.3d 884, 888-89 (7th Cir.2002) (citing Estelle v. Gamble, 429 U.S. 97, 103, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976)).

            The failure of the Medina County Sheriff’s Office to provide timely, adequate medical treatment to Mr. Hartman, whose very life had been threatened by his untreated medical condition, which the Medina County Sheriff’s Office corrections and contract medical personnel deliberately ignored, deprived Mr. Hartman of his constitutional protections guaranteed by the Eighth and Fourteenth Amendments to the United States Constitution and demonstrates the animus of the Medina County Sheriff’s Office.

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