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Epileptic files suit against MCSO, county for denying meds Print
Thursday, 06 August 2009

Maureen Murphy Lackey has filed a lawsuit against the Macon County Sheriff’s Office for failing to administer medical treatment while incarcerated.
By D. Linsey Wisdom 
News Editor

A local woman has filed a lawsuit against both the county and the Macon County Sheriff’s Office, claiming deputies, a highway patrol trooper and the magistrate all failed to administer proper medical treatment while she was incarcerated.

Sheriff’s attorney Brian Welch said he cannot comment on the case other than to say the department denies all allegations.

Maureen Murphy Lackey, said she has been an epileptic since she was 13, but her seizures were under control because of regular medication she took. That is until the night of Jan. 23, 2009 when an arrest after a one-vehicle accident left her in the custody of the Macon County Sheriff's Office, allegedly in deplorable condition and denied proper medical treatment.

The stress of the arrest brought on panic attacks, said Lackey, and when she asked for her medicine to be administered, officers not only denied her request, but humiliated her by making light of the situation. At the time of the seizures she was secured to a table and the restraints left her arm bruised and muscles torn from the fits.

“I wrote them a letter originally. I just wanted a response — something soulful that would take away the hurt,” she said. But the response didn’t come, at least not from the sheriff’s office.

Her complaint filed against State Highway Patrol Trooper Leah McCall was answered with a letter dated April 22 stating that, while personnel matters could not be discussed, an investigation was under way.

When she received a similar answer from Sheriff Robbie Holland, she asked if some personnel training could take place, something that would teach officers to be more sensitive towards individuals with disabilities. Holland, she said, stated that wasn’t likely.

“And it just hurt. You know, I’ve lost jobs because of my epilepsy; I’ve lost boyfriends and engagements. But this was different. It hurt so bad, and there was absolutely no reason for it,” she said.

Maureen Lackey provided photos of bruises to her arms she said she received after enduring multiple epileptic seizures while in custody at the Macon County Sheriff’s Office. While in custody, she was secured to the table for what she recalls as being more than an hour, and denied medication which could have put a stop to her seizures.
Lackey states that on the night of the incident, she and her boyfriend had been drinking. She paid a man that she knew on sight to drive her home in her vehicle, but could identify him only by his first name.

“We were in the car, and I was relaxed, and then there was just this blinding white light,” she said.

The driver of the vehicle ran in one direction, and her boyfriend pulled her from the vehicle and they left in the other direction. She said she was not aware that, at the time, her boyfriend had outstanding warrants against him. She said the wreck left her confused and she followed him away from the scene of the accident.

Emergency Medical Services came to the scene and found Lackey in a nearby creek where she was examined. It was at that time Trooper McCall arrived on the scene, Lackey said.

Lackey said that Officer McCall arrested her for the accident, even though she told the trooper there was another driver. Her keys were located in her purse, which Lackey had with her. Lackey stated the purse was sitting between her and the driver and he could have easily thrown them in there.

The situation worsened when upon inspection of her purse Trooper McCall located unidentified pills.

“I carried my prescriptions with me in my Vitamin B bottle. I had no idea it was against the law to do that,” Lackey said.

Pills were identified she said, which included epilepsy medicine and Lorazepam (Ativan) which is used to halt panic attacks and seizures. One pill was not identified, however, a hormone replacement pill Lackey said she has taken since her hysterectomy.

For this, Lackey was charged with possession of Controlled Substance Schedule IV.

Lackey asked to take her epilepsy medicine, but was told she needed to wait until after a breathalyzer was administered.

“I told her I hadn’t been driving. I had been drinking, but I wasn’t driving,” she said.

She was taken into custody and brought to the Macon County detention center where she was handcuffed to a table. Again, she said, she asked for her medication.

At that point, she said, she began to feel panicked.

“You know, when you have a disease like this and you’ve lived with it all of your life, you know when it is coming on,” she said.

But the trooper and sheriff’s deputies did not administer the medication. Instead, she said, they began to ridicule her.

She asked to go to the bathroom and was refused, but because of her medical conditions she is, at times, unable to control her bladder.

“They left me sitting there in wet clothes, having relieved myself, having seizures, and it was just humiliating,” she said.

She said, while she was secured to the table for over an hour, she repeatedly asked for medication and asked for medical treatment, for someone to take her to the hospital or to call a doctor.

“And then my brain just fizzled,” she said.

At one point, she said she remembers an officer telling her if she were having seizures she would be “rolling around like a goldfish.”

Lackey was in custody for only a few hours, but the damage has lasted through the present day, she said.

After filing a complaint against Trooper McCall, the trooper contacted the department of motor vehicles and had Lackey’s license revoked.

The state sent her a six-page form for her doctor to complete in order for her license to be reinstated.

Since that night, she said, she has suffered multiple seizures, the dosage on her medication has been increased and she has been indigent.

Lackey, who holds a masters degree and was formerly the Town of Highlands Zoning Administrator, said she is a proud woman who has made many accomplishments in her life.

“I don’t think they have the right to take all of that away from me. I’ve been a survivor my whole life,” she said.

She is suing the county under the Civil Rights Act of Institutionalized Persons and Americans with Disabilities Act.

“I just want to believe that I can do something to make sure that this never has to happen to someone else,” Lackey said.

She is representing herself in her lawsuit against the county and the sheriff’s department. She is expected in court next week to answer to charges from the night of the incident.

The Macon County News has requested permission to review video from the night of the incident from the sheriff’s office. The sheriff has stated those tapes can be reviewed, but staff were unable to see the video prior to publication.

Lackey, too, had previously requested a copy of the video for her neurologist, but said she was refused a copy of the video.

Attorney Welch referred the case to county attorney Lesley Moxley. Moxley, in turn, stated the case was turned over to insurer Scott McLatchie.

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