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Family sues over death of death row inmate

RENO -- The family of a death row inmate who died at Ely State Prison has sued the state's prison system, claiming it failed to provide medical treatment for him.

In its lawsuit filed in U.S. District Court in Reno, the family contends the maximum-security prison refused to dispense insulin for 60-year-old Patrick Cavanaugh's diabetes before he died in April 2006.

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  • The Cavanaugh case was cited by the American Civil Liberties Union in a Reno federal court lawsuit filed in March accusing the state of denying adequate medical care to inmates at the Ely prison.

    Dr. Simone Russo said in a medical report attached to the family's lawsuit that staff physician Dr. Steven MacArthur denied Cavanaugh his insulin.

    "It seems obvious that this goes beyond malpractice to the level of criminal behavior," Russo said in his affidavit. "But I am not qualified to make that judgment."

    Nicole Moon, spokeswoman for the state attorney general's office, declined to comment on the lawsuit.

    "At this point, we are still reviewing and evaluating it," she told the Reno Gazette-Journal.

    Cavanaugh, a former manager of the Coasters singing group, was convicted in 1984 of killing group member Nathaniel "Buster" Wilson in Las Vegas.

    At the time of Cavanaugh's death, a prison spokesman said that the inmate had long-term health problems aggravated by smoking and that no foul play was suspected.

    The lawsuit also alleges that no plans were made to surgically remove Cavanaugh's gangrenous limbs, even though the procedure could have saved his life.

    "As a result, Ely State Prison medical staff literally left Mr. Cavanaugh to rot to death," the lawsuit says.



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    I-Know-Too-Much wrote on April 14, 2008 08:05 PM: up north - Just saying the words I will not lie is enough to get you fired from NDOC. And that is no lie.


    Iturbide wrote on April 14, 2008 03:25 PM: You say the taxpayers won this one? Think again. NDOC is constantly paying big money (yours and mine) for lawyers to defend them for their crimes. Every time the warden of ESP decides to break a law, he gambles (with OUR money) on whether that inmate's family will sue. Either way, WE lose. Cavanaugh broke the law. His crime was wrong. Was it any worse than letting someone rot to death? I say no, and let the indictments begin.


    up north wrote on April 12, 2008 10:25 PM: curious...so is there a connection with this and why a prision Chaplain was recently placed on administrative leave?...if I remember she stated "I will not lie"


    Mamamia wrote on April 12, 2008 07:33 PM: An open letter to all citizens: I hope this article opens up the eyes of the people footing the bills for "medical treatments" for inmates, because I guarantee the inmates are NOT receiving anything but a hard time, and many are suffering a fate worse than death in those filthy rat holes they call prisons. The Federal authorites need to bust the real "rats" running the prisons here. The men sit like zombies in their cells 23/7, and none, repeat NONE, get anything if they get sick. This state should be ashamed to mistreat the sick, whether in prison or not. God surely will condemn those who sit idly by and let these, the least of God's people, suffer in horror and silence.

    Horrible mistreatment, comtempt, rotted food, nothing, not even pity for a dying man is what these men receive at Ely. Lord have mercy!


    David Johann wrote on April 12, 2008 07:27 PM: Nobody said Cavenaugh was poor and innocent.

    Wanna know some people the ACLU defended? One was that right-wing darling, Oliver North, of the Reagan era, who was integral in Reagan's Iran-Contra scandal of trading arms for hostages.

    Ollie had his own, idiotic, right-wing AM radio show, and is currently with Fox News.

    "The ACLU stepped in on behalf of Oliver North during the Iran-Contra scandal, arguing that he should not be compelled to testify and then be prosecuted based on what he said. His conviction ultimately was overturned."

    Way back when, North gladly accepted the help of the ACLU, as did the big, fat pillhead, Rush Limbaugh:

    " . . . The American Civil Liberties Union asked a state appellate court if it could join in conservative radio commentator Rush Limbaugh's fight to keep prosecutors from unsealing his medical records.

    "With permission from the 4th District Court of Appeal, the ACLU, a liberal advocate of constitutional rights, will file an amicus curiae - or friend of the court - brief to help Limbaugh, who is under investigation in Palm Beach County for alleged drug prescription fraud.

    "'I can appreciate how a lot of people would see the oddity of the situation,' said Howard Simon, the executive director for the ACLU's Florida chapter. 'But you got to keep your eye on the ball and the ball is the legal principle, which is going to affect everybody, not just Rush Limbaugh.'"

    "The ACLU also filed an amicus brief on behalf of the Rev. Jerry Falwell, the conservative televangelist, in his fight to strike down a provision in the Virginia Constitution banning religious organizations from incorporating.

    "The group has also represented anti-abortion demonstrators . . . "

    http://www.palmbeachpost.com/localnews/content/news/limbaugh/011304_limbaugh.html


    aclu, champions for who? wrote on April 12, 2008 04:20 PM: Is the aclu ever on the side of moral individuals? They are forever fighting for the rights of people that have harmed others or agenda's that are destroying our country. How dare his family actually think they deserve money. Maybe they will give it to the family of Cavanuagh's victim. Yeah, right.

    This is what "poor, innocent" Cavanaugh went to death row for. "He shot Wilson and placed him in the trunk of his car. Wilson was still alive when Cavanaugh arrived back in Las Vegas and managed to find the strength to pick up a tire iron, but Cavanaugh shot him two more times. Wilson's body was mutilated. His vocal cords also were removed and acid had been used to remove his fingerprints. Parts of his body were found near Hoover Dam shortly after the murder. Then, two years later, other parts of his body were found in a canyon near Modesto, Calif."

    So glad that the aclu is intent on helping this type of evil "victim". Cavanaugh deserved a slow and painful death. By golly, he may have actually gotten just that. Whether the prison did or didn't provide medical attention to Cavanaugh matters not to me. Chances are that our tax dollars were giving this cold blooded animal better medical treatment than he deserved and it was just his time to die. Either way, this is a rare case of a suitable ending to a monster who should have been put to death years earlier.


    Gary G. wrote on April 12, 2008 03:27 PM: There is some sort of ironical statement being made here.


    Herb wrote on April 12, 2008 03:17 PM: This is one of the rare cases when someone on death row actually dies. I say it is cause for celebration!


    Mr OX wrote on April 12, 2008 03:14 PM: David J. is correct,Cavenaugh's crime is irrelevant to the issue at hand: providing inmates with basic medical care (in this case, insulin).
    and one day you may be there, yes even if you didn't do it and let's see who will want there civil rights upheld.


    Yakkety Yak wrote on April 12, 2008 12:20 PM: Charley Brown...."Why is everybody always picking on me?" 'cause you're GUILTY!


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