The suit claims negligence by the nurse and a violation of his constitutional rights. The suit seeks unspecified damages but explicitly states permanent medical care will cost $500,000 according to the Deseret Morning News in Salt Lake City.
The newspaper reported that in December, 2006 the claimant complained of severe pain and swelling in his genitalia before being seen by the prison nurse. He said the nurse's examination was incomplete and said he was not seen by a physician until three days later. Court documents state the delay in treatment caused permanent damage requiring long-term hormone replacement therapy. The claimant fears he now is incapable of fathering children."
Attorney for the claimant, Brian Barnard said a medical malpractice claim will be added to the suit. Barnard went on to say, "One would hope a jail nurse would know when one needs immediate medical attention and one would also hope an inmate with a major medical emergency would not be dismissed because it was the Christmas weekend."