On February 1st, Sean Modjarrad, the founding shareholder of M&A Law firm and on behalf of Delfino Garcia’s wife and children, filed a 1983 action against Donnie Foster (Sheriff of Fannin County in Texas) and a few other Defendants for violation of Delfino Garcia’s rights under the United States Constitution and Texas laws. Delfino Garcia was a diabetic, and he had to take medication in order to regulate his blood sugar. Delfino Garcia was seen by his doctor a month before his arrest, and his condition was under control.
In the lawsuit, Plaintiffs allege that the Defendants owned, operated, managed, and supervised Fannin County jail, and while Delfino Garcia was detained at the jail, he was not provided adequate and reasonable medical care for more than 15 days. Specifically, Delfino Garcia was prevented from getting his medication and was not given any medical care, albeit that the Defendants were notified of Delfino Garcia’s condition and his needs for medication on a daily basis. As a result of the Defendants’ action, inaction, and/or omission, Delfino Garcia suffered irreparable harm, and eventually passed away in June 2011.
Plaintiffs allege that Delfino Garcia was denied adequate medical care subsequent to his arrest, and the Defendants acted with deliberate indifference to serious medical needs of an inmate. Specifically, Plaintiffs allege that the Defendants acted under the color of law and violated Delfino Garcia and ultimately Plaintiffs’ right to:
a) adequate and reasonable medical care;
b) due process under the law;
c) protection under the laws;
d) protection from cruel and unusual punishment; and
e) entitlement to basic, fundamental, or inalienable rights.