By Hans Sherrer

Patrick Swiney died on July 28. Mr. Swiney, 64, died while incarcerated by the Alabama Department of Corrections (AL DOC) at the William E. Donaldson Correctional Facility.

Mr. Swiney was convicted in 1989 of the murder of  his wife and her lover. He asserted his innocence, and Justice Denied published an article about his case in Vol. 1, Issue 2. Another article about his case was published in Vol. 2, Issue 3. You can read details about Patrick Swiney’s case on his official website, http://www.patrickswiney.com

Details of Mr. Swiney’s illness and lack of medical treatment in the weeks that preceded his death are posted on the Prisonmovements Weblog under the title: “Correctional Medical Services: Since when do their nurses decide who gets medical care?” Several weeks before he died Mr. Swiney was diagnosed with pneumonia. However, he wasn’t hospitalized as his physical condition deteriorated and he increasingly had difficulty breathing.

The Prisonmovements Weblog has real-time postings about the events leading up to Mr. Swiney’s death. It states: “One inmate who was worried about Patrick because of how awful he looks, prepared a sick call slip and hand delivered it to Ms. Nurse Greene. Nurse Greene told the inmate, “Oh we know all about Swiney’s condition.” She turned the inmate away.” The next day “the same inmate hand delivered another sick call slip to the nurse and she repeated her remark then sent him away.”

The weblog also states: “Lt. “Bull Dog” who also knows Patrick’s condition happens to be married to the CMS screening nurse who decides who gets in to see the doctor and who does not. Mrs. “Bull Dog” has a vested interest in saving costs for her company. Every dollar she does not spend on the prison’s medical care is profit in her company’s pocket.”

Mr. Swiney’s wife, Sherry, was alarmed by his lack of medical care and deteriorating condition. She made calls to the prison in an effort to have him properly treated … to no avail. Patrick Swiney died while still waiting to be adequately treated for his illness.

The details of Mr. Swiney’s death suggest it may have been unnecessary, and caused by the negligence of the AL DOC and Correctional Medical Services (CMS). CMS is the private contract medical care provider at Donaldson CF, and 30 other Alabama correctional facilities.

The AL DOC and CMS’ disregard for Mr. Swiney continued after his death. No AL DOC and CMS employee contacted Mrs. Swiney to inform her that her husband had died. She learned of his death through a prisoner calling from the prison. When she called Donaldson CF for confirmation of her husband’s death, she was told to call back the next day. The prison chaplain took the initiative to call and confirm that her husband had died.

When the State of Alabama incarcerates a person it accepts legal and moral responsibility for that person’s health and welfare. A prisoner has no option beyond the health care provided by the State.

Patrick Swiney was buried on July 31 in Hoover, Alabama. The question that has to be asked is if the DOC personnel and CMS employees entrusted with Mr. Swiney’s medical care committed “Criminally negligent homicide”, or some other criminal violation(s). The Code of Alabama states:

Section 13A-6-4 Criminally negligent homicide: (a) A person commits the crime of criminally negligent homicide if he causes the death of another person by criminal negligence.

The circumstances of Mr. Swiney’s death should be thoroughly investigated by an independent law enforcement agency. The only such agency in Alabama would be the Alabama Bureau of Investigation. Since CMS provides medical services to prisons in at least 18 states, the United States Department of Justice should investigate for possible criminal violations of Mr. Swiney’s federal civil rights by AL DOC personnel and/or CMS employees.

The State of Alabama did not sentence Mr. Swiney to death by medical negligence. If that is what happened, then the DOC and CMS personnel responsible should be prosecuted to the full extent of the law.

Mr. Swiney’s wife Sherry created a Power Point Tribute to her husband that can be viewed by clicking this.

This is a link to the Tribute in a webpage, http://justicedenied.org/cases/swiney/patricktribute.htm