A federal claim filed in the summer of 2023 has come to a close with the Center for At-Risk Elders securing commitment to internal changes at the Marion County Jail as well as benefits for a CARE client.

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In 2022, AP, who experiences a serious mental illness, was in the Marion County Jail. CARE advocated for her transfer to a local hospital to receive an assessment and, if necessary, treatment. On the day of transfer, CARE was informed that the individual presented at the emergency room with a dislocated thumb. CARE reacted swiftly to advocate for treatment and requested a formal investigation be done by the Sheriff’s office. CARE also began our own investigation of the incident and did not like what we found. After much consideration, CARE ultimately decided to file a Notice of Tort Claim on the protected person’s behalf alleging that in the course of applying physical force for an unauthorized injection, the protected individual’s thumb was dislocated by staff. 

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The claim filed in the United States District Court for the Southern District of Indiana (Case No. 1:24-cv-983) was filed by civil rights attorneys Mark Sniderman and Daniel Bowman who represented the Center for At-Risk Elders, Inc., in its unique role as guardian.

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After thoughtful consideration, the Center for At-Risk Elders, Inc., on behalf of AP, entered into a Confidential Settlement Agreement and General Release of All Claims. “The Agreement respects what happened to our client and includes significant steps to prevent such a thing from happening again,” shared Mollie Golden, CARE’s Legal Director. “Not many guardians are like CARE. We could take action since we are a public interest law.” Golden added, “We are deeply grateful to Mr. Sniderman and Mr. Bowman for securing these outcomes.”

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For more information, contact CARE Legal Director Mollie Golden at mollie@indianacare.org.