McLennan County man's suit claims mistreatment during transport to Houston

John Suayan, Galveston Bureau Jan. 10, 2013, 12:14pm

HOUSTON - A China Spring man is suing McLennan County, Harris County and their respective sheriff's departments for not properly accommodating his medical condition while he was in their custody two years ago, recent court documents say. 

A lawsuit filed Jan. 3 in the Houston Division of the Southern District of Texas claims the defendants subjected Michael Breidel to deplorable conditions as they transported him to Houston in January 2011.

Extradition Transport Services, two of its unnamed employees and an unidentified jailhouse doctor are co-defendants in the case.

The suit shows the plaintiff was six weeks removed from a cervical spinal fusion and required to take medication and wear a cervical collar, stating authorities arrested him with no access to said medication.

Breidel recounts how the defendants' apparent refusal to let him take his medicine increased the pain in his neck as well as worsened his mental state.

He says he also was sleep-deprived because the commotion inside his cell kept him up at night.

The trip to Houston reportedly inflicted more pain and distress onto the plaintiff given the reckless way the vehicle was driven, according to the original petition.

While at the Harris County Jail, Breidel states, he nearly came close to be assaulted by another inmate.

The plaintiff eventually was released on bond, but had to undergo lumbar surgery, the suit says.

The respondents are faulted for:

  • Use of excessive force;

  • Violation of the duty to protect; and

  • Unreasonable use of search and seizure.

A jury trial is requested.

Attorney Lawrence J. Behrmann with the Behrmann Law Firm in Houston is representing Breidel.

Case No. 4:13-CV-0023

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