Wednesday, March 02, 2005

Former Newton County Sheriff Ron Doerge has one less lawsuit to worry about.
U. S. District Judge Dean Whipple dismissed former prisoner Donald R. Allen's lawsuit against Doerge today.
"Allen alleges that defendants violated his constitutional rights by denying him medical care through their refusal to provide him with medication for his emphysema," Whipple wrote in his decision. "As the defendants correctly note, however, at no time has (Allen) offered verifying medical evidence to establish the detrimental effect of delay in medical treatment. Under these facts, defendants' motion for summary judgment must be granted."
Allen was in the Newton County Jail from Jan. 19, 2000, to Feb. 10, 2000, when he was released into the state prison system In his lawsuit, he said he was denied medical treatment during his stay in the county jail.
Judge Whipple's decision noted, "At his deposition, Allen admitted that no physician or other expert had concluded that the alleged lack of medication caused additional damage to his lungs."

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