Ex-Leavenworth prisoner alleges staff ignored him for days after fall paralyzed him
A former inmate of the U.S. Penitentiary at Leavenworth claims he was left inside a prison cell for several days after suffering a severe injury that rendered him paralyzed, according to a federal lawsuit filed against several of the prison’s correctional officers and medical staff.
Brent Kehler, 58, was sentenced to spend a little more than nine years in the medium security prison beginning in August 2018 following a guilty plea on federal charges of conspiracy to distribute 50 grams or more of methamphetamine. A lawsuit filed in the U.S. District of Kansas last week says he fell while incarcerated and was immobilized, and his pleas for medical assistance were ignored.
Randilee Giamusso, a spokeswoman for the U.S. Bureau of Prisons, told The Star in an email that the federal agency does not comment on pending litigation or matters subject to legal proceedings. But she said the Bureau of Prisons “is committed to ensuring the safety and security of all inmates in our population, our staff, and the public.”
“Humane treatment of the men and women in our custody is a top priority,” Giamusso said. “Allegations of misconduct are thoroughly investigated and appropriate action is taken if such allegations are proven true, including the possibility of referral for criminal prosecution when appropriate.”
Defendants in the lawsuit are staff referenced only by surname.
The alleged incident took place in early November 2019. Kehler was relocated within the prison housed with a single cellmate in an area called the “Shoe.” Shortly afterward, his cell flooded with wastewater, the suit says, and Kehler slipped and fell while sweeping the water out with a food tray.
Kehler immediately experienced hip pain that grew worse over the next two or three weeks, the lawsuit says, until he was unable to get out of bed and his cellmate had to feed him.
“Over this period, Plaintiff repeatedly asked, and then begged, all Defendants for medical assistance. They provided none,” the lawsuit claims, adding: “They gave him no help. He begged for medical attention, and they did nothing.”
Kehler did not shower or get out of bed for several days, the lawsuit says. It claims that during that time his cellmate was visited by nurses for the administration of medications as Kehler continued to be ignored.
According to court records, Kehler was sent by prison staff to a local hospital after reporting that he could not move or feel anything from his abdomen to his toes. Doctors later found that he had suffered an epidural abscess with cervical cord swellings and a possible spinal cord infarction. After surgery, he regained some sense in his body but remained paralyzed.
After the surgery, Kehler was transferred to the federal prison in Springfield, Missouri. A prison doctor there wrote in a medical assessment in October 2020 that Kehler would remain wheelchair dependent. He requires assistance with bathing, diaper care, catheter care and repositioning approximately 24 times per day, according to court records.
The lawsuit claims the prison’s treatment of Kehler violated the Eighth Amendment’s protections against cruel and unusual punishment. It calls for a finding that the prison staff violated Kehler’s rights and compensatory damages.
In February 2020, Kehler requested a compassionate release from prison. That request was denied, but Kehler was later granted a sentence reduction under the First Step Act’s provision that grants judges authority to address “extraordinary and compelling reasons,” including a medical condition that diminishes a person’s ability to provide self-care.
Kehler was ordered released from federal custody in November 2020.
This story was originally published November 3, 2021 at 10:14 AM.
