By: Devin Fry
MOORHEAD, Minn. (Valley News Live) – A North Dakota man is suing Clay County and two healthcare companies, alleging he suffered a preventable seizure and head injury after jail staff repeatedly denied him anti-seizure medication for five days.
Joshua Waggoner filed the federal lawsuit Tuesday in U.S. District Court in Minnesota, claiming deliberate indifference to his serious medical needs violated his constitutional rights.
According to court documents, Waggoner was booked into the Clay County Correctional Facility on Dec. 19, 2023. Intake forms noted he had a seizure disorder and was taking Lamictal, an anti-seizure medication. His blood alcohol level tested at 0.188.
The lawsuit alleges Waggoner verbally requested his medication daily from corrections staff. A family member also called the jail requesting that he receive his medication and later attempted to deliver it, but staff refused to accept it, court documents state.
On Dec. 23, Waggoner claims he submitted a written request to Corrections Sgt. Jessica Charles. The conversation was captured on body-worn camera, according to the lawsuit. Despite the request, Charles allegedly took no action.
That same afternoon, Waggoner was found on the floor of his cell after falling from his bunk during a seizure. He sustained a closed head injury with a laceration above his left eye requiring sutures and resulting in permanent scarring. His denture plate also fractured.
When EMS arrived, they found Waggoner disoriented and unable to answer questions. At Sanford Hospital, the attending physician noted Waggoner had not received his anti-seizure medication for five to six days, the lawsuit states.
The lawsuit alleges the standard of care requires same-day assessment of newly admitted inmates with serious medical conditions and ensuring they don’t miss medication doses. Court documents indicate Waggoner was at increased risk for withdrawal seizures due to alcohol intoxication on intake.
In a January 2024 email exchange included in court filings, Registered Nurse Site Manager Samantha Hoppe wrote that the facility’s standard practice was to meet with inmates reporting serious medical conditions within two days. She admitted that during Waggoner’s admission, while training new nurses, “this was missed, unfortunately.”
The lawsuit names Clay County, Advanced Correctional Healthcare Inc., USA Medical & Psychological Staffing S.C., Sgt. Charles and Hoppe as defendants. It alleges constitutional violations, medical malpractice, negligence and violations of the Americans with Disabilities Act and Rehabilitation Act.
Waggoner seeks compensatory and punitive damages exceeding $75,000, plus attorney fees.
Valley News Live has reached out to Clay County officials for comment on this lawsuit, but has not yet heard back.
