Michigan prisoner asks judge for transfer from Women's Huron Valley amid medical concerns
Michigan prisoner asks federal judge for transfer out of Women's Huron Valley Correctional Facility for health reasons amid series of deaths.
An attorney for Krystal Clark filed an emergency motion Tuesday, July 7, asking that Clark be moved to a secure medical facility outside the prison, arguing that remaining at the women's prison is putting her health at greater risk. The motion says Clark is not receiving the medical care she needs and asks the court to act within 24 hours.
Clark has been incarcerated at Women's Huron Valley since 2011 and is part of an ongoing federal lawsuit over alleged conditions at the facility. She has a documented mold allergy, ongoing fungal infections, respiratory problems and worsening hearing loss.
“The mold grows all around the ceiling, at the bottom of the ceiling, in the showers, everywhere,” Clark said in an interview with The 19th. “When they see people come in, they want us to paint it, try to cover it up, so you won’t see the mold. They want us to paint over it. That’s not our job.”
The motion claims infectious disease testing found Aspergillus mold actively growing inside Clark's ears, contributing to a fungal tissue infection and rapid hearing loss. Her attorneys also said she has suffered chronic coughing, including coughing up blood and nosebleeds.
At a news conference Tuesday, July 7, Clark's attorney said the filing reflects the urgency of her condition. Clark's son, Larry Evans, also criticized the care his mother has received.
“No matter what crime someone commits, they should still have access to proper medical care, safe living conditions and they should be treated and respected as a human being," Evans said. "We cannot say that has been done at the Women's Huron Valley Correctional Facility."
Clark's family said they have watched her health decline for years and fear her condition will continue to worsen if she remains at the prison. Clark is scheduled to be released in about 11 months.
Advocates also released photos they say show the progression of Clark's condition. They claim a fungal infection has spread significantly over the past year.
“I don’t deserve this,” Clark said. “I’ve been asking for help from everybody, every day, since 2011.”
The emergency request comes as scrutiny grows over conditions at the prison, where four incarcerated women have died since mid-May.
Clark's attorneys said her case is not connected to those deaths and did not speculate about what caused them. They argued, however, that the recent fatalities add urgency to concerns about medical care and conditions at the facility.
The Michigan Department of Corrections disputed the claims in Clark's court filing.
"Allegations contained in the recent court filings are not supported by the medical evidence or facts known to the department," the Michigan Department of Corrections said in a statement.
The department said Clark continues to receive ongoing medical care from qualified health care providers consistent with her medical needs. MDOC also said all incarcerated people receive a community standard of care that includes regular health and wellness screenings, preventative care, access to on-site medical staff, prescription medication, outside specialists and emergency services when needed.
State corrections officials also said independent environmental testing found no dangerous systemic black mold or toxic mold conditions in the prison.
A federal judge has not yet ruled on the emergency motion.
Legal issues in a prison medical care transfer request
Prison medical care claims are different from ordinary medical negligence cases because the person is in state custody and cannot choose where to live or seek outside care.
When a prisoner claims a medical condition is being made worse by prison conditions, the determining factors could be what officials knew, what medical records showed, what outside specialists recommended, what treatment was provided and whether any delay could cause serious or permanent harm.
Under 42 U.S.C. Section 1983, a person may bring a federal civil rights claim when state officials violate federal rights while acting under government authority. In prison medical care cases, those claims often involve the Eighth Amendment and the legal standard known as deliberate indifference to serious medical needs.
Deliberate indifference is more than a disagreement about treatment or ordinary malpractice. It usually requires proof that officials knew of a serious risk to the prisoner's health or safety and failed to take reasonable steps to address it.
That does not mean every prison medical dispute becomes a constitutional claim.
Why medical records and environmental testing matter
The result of Clark’s case will likely depend on medical records, specialist findings, environmental testing, treatment timelines, grievance records, prison responses or evidence showing whether her condition changed in different environments.
A broad environmental test may be required, but a lawsuit may still require investigation into the plaintiff’s medical risk, allergy history, exposure level or treatment needs.
Get help from Michigan Legal Center
Michigan Legal Center is the Law Offices of Christopher J. Trainor & Associates. Our attorneys help injured people and families across Michigan with personal injury, civil rights, prison neglect, medical neglect, serious injury claims and wrongful death cases.
If you or a loved one was seriously injured because of unsafe conditions or denied necessary medical care, call Michigan Legal Center at (248) 886-8650 or contact us for a consultation.
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Michigan Legal Center can help you navigate the issues involved in claims such as this with Michigan Legal Center's personal injury claims page and Michigan wrongful death deadlines.