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Family of Illegal Immigrant Who Died for Lack of Treatment can Sue Govt Officials, US Court Rules
Castaneda entered the United States with his mother at age 10 after fleeing El Salvador during a civil war. He was convicted in 2005 of possessing methamphetamine and spent eight months in jail, then was held in detention centers while awaiting proceedings in the government's attempt to deport him and in his request for political asylum.
According to his lawsuit, a doctor first noticed a growth on his penis in 2005, while he was in state custody. While the lesions multiplied and his pain increased, doctors and immigration agency officials rejected staff recommendations for a biopsy, describing it as an elective procedure, the suit said.
A doctor finally ordered a biopsy in January 2007 and said Castaneda probably had cancer, but the immigration agency released him without treatment 11 days later, the suit said. He underwent amputation in a Los Angeles hospital.
A month after his death in February, a federal judge in Los Angeles described government officials' alleged conduct as callous and refused to dismiss the family's claims that Castaneda's right to due process of law had been violated. That cleared the way for a jury trial with possible punitive damages.
In upholding his ruling Thursday, the appeals court said Castaneda had been subjected to a "Kafkaesque nightmare" - if the claims in the family's suit were true - and that Congress had not intended to allow federal employees "to violate the Constitution without consequence."
Source-Medindia
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