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Family of Illegal Immigrant Who Died for Lack of Treatment can Sue Govt Officials, US Court Rules

by Gopalan on October 05, 2008 at 3:09 PM Medico Legal News

The family of an illegal immigrant who was denied treatment for penile cancer during his detention could sue government officials for violating his constitutional rights, a federal appeals court in US ruled Thursday. The man died subsequently.

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In a 3-0 ruling, the U.S. Circuit Court of Appeals in San Francisco said that Francisco Castaneda's daughter and the administrator of his estate could seek damages against the government doctors and officials who supervised his treatment at immigration detention centers in San Diego and Los Angeles.

Castaneda, 36, from El Salvador died in February at his Los Angeles-area home a year after doctors amputated his penis to try to stop the spread of the cancer that had developed while he was in custody. He testified in October 2007 to a congressional committee looking into complaints of shoddy care and preventable deaths at centers that hold tens of thousands of immigrants during deportation proceedings.

The ruling Thursday sets no limit on the damages a jury could award if it found that a government employee had been deliberately indifferent to Castaneda's health. Defense lawyers argued that federal law allows a suit only against the government, with a $250,000 damage limit. The government has admitted negligence in Castaneda's death, but individual defendants have denied wrongdoing.

Conal Doyle, a lawyer for the family, called the ruling "an unprecedented victory for the Castaneda family as well as all immigrant detainees." He said he and his colleagues would "relentlessly pursue this case until every government official is held accountable for the atrocities inflicted upon this helpless detainee."

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Family of Illegal Immigrant Who Died for Lack of Treatment can Sue Govt Officials, US Court Rules

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