Defendants argue that Lee Michael Creely 'caused his own demise' by overdosing on drugs in jail
Lee Michael Creely, who died in a Chatham County Detention Center in 2020, "caused his own demise," argued defendants in a recent court filing regarding the circumstances around the incident.
On Sept. 6, 2020, Creely died in the Chatham County Detention Center of a fentanyl overdose. A previous Savannah Morning News investigation found a series of missteps from the lack of drug treatment to probation bureaucracy, to lax administration of private healthcare within the jail to a lack of oversight from correctional officers caused Creely's death.
The defendants cited two exhibits in the court filing: the autopsy report and body scans. Three former Chatham County Detention Center Sheriff's Deputies who were working during Creely’s incarceration — Selena Cardona, Teanna Frances-Henderson, Terence Jackson, and Officer Yvette Bethel-Quinney — explained that the autopsy report and body scans “reveal that Mr. Creely died from fentanyl intoxication, and that he likely obtained the fentanyl by smuggling it into the jail.”
Previous reporting: Family of man who died in Chatham County jail sues jail, health care provider and county
SMN investigations: Two internal investigations reveal Creely's death in Chatham County jail 'preventable'
“The Medical Defendants contend they have uncovered evidence in support of this new affirmative defense based on documents produced in discovery casting doubt on the cause of death and raising the possibility that Creely knowingly and voluntarily acted in such a way that he caused his own demise,”’ reads the report and recommendation filed on Nov. 22.
As previously reported by SMN, an initial autopsy by the GBI and a subsequent review by the Chatham County District Attorney's Office supported the defendant's claim, concluding that Creely died of a fentanyl overdose.
More: Lee Michael Creely's last hours marked by withdrawal, medical indifference in Chatham County jail
Dig deeper: 'Odds were pretty much against him': Creely's turbulent childhood shaped by drug addiction
A second autopsy performed by Dr. Charles Pugh, the physician who blew the whistle on Corizon, Chatham County's previous private healthcare provider, also concluded Creely died of a fentanyl overdose.
The Claiborne Law Firm, which represents Creely’s longtime girlfriend Jessica Hodges in the lawsuit, however, argue how Creely died, whether of a fentanyl withdrawal or overdose, doesn't matter.
"As this Court knows well, the question in the Eleventh Circuit whether a person in custody dies of an overdose...is whether the Defendants were deliberately indifferent to the serious medical needs of the decedent. In our circuit — as well as the large majority across the country — a defendant who is responsible for a detainee’s health remains liable whether that detainee dies of an overdose or withdrawal," reads a court document, an opposition to the defendants' motion for leave to file amended answer, filed by the Claiborne Law Firm in Aug. 2022.
The findings of Lt. Tanya Jacques, a Chatham County Jail internal affairs investigator tasked with investigating Creely's death, supported the plaintiff's claim.
Related: Sen. Jon Ossoff shines spotlight on death in Chatham County jail during bipartisan investigation
“Through interviews and the review of video footage from Sep. 3 through Sep. 6, 2020, violations of policy/procedure were found,” “Security checks were not conducted properly, census check, general conduct, and medical protocol for an individual detoxing was not followed.”
In the last month, the federal court judge has dismissed multiple defendants, including three CorrectHealth nurses and three Chatham County Detention Center Sheriff Deputies.
Founder and owner of Correcthealth LLC Carlo Musso and CorrectHealth Chatham’s health services administrator Karen Forchette, Chatham County, and four Sheriff Deputies and one Correcthealth Nurse remain as defendants in the suit.
A hearing hasn’t been scheduled for the case in federal court yet.
This article originally appeared on Savannah Morning News: Defendants: Inmate who died in Chatham GA jail "caused his own demise"
