'Culture of neglect' is what killed Orange County Jail inmate, family claims in lawsuit

ORANGE COUNTY, Fla. — The family of a man who died while an inmate at the Orange County Jail filed a federal lawsuit Wednesday against the county and five employees, saying his death was caused by a “culture of neglect”

The family of Max Gracia II, 22, announced Monday that they intended to sue, but the wrongful death lawsuit was not filed until Wednesday.

The family told Channel 9 that they worked to negotiate with the county, but said they didn’t see enough change in police that would keep the same type of death from happening in the future.

Gracia died four days after he was bitten by a police dog and taken to jail in August 2015.

The inmate had HIV, which compromised his immune system at the time of his death, the lawsuit said.

As Gracia’s condition continuously deteriorated, the lawsuit claims he spent six hours writhing on the floor in pain without any care or treatment.

After an autopsy, Gracia’s death was ruled a homicide by the medical examiner.

The lawsuit claims the inmate’s treatment during the four days he was incarcerated at the Orange County Jail “deviated from the acceptable medical and nursing standard of care, and rose to the level of deliberate indifference.”

Orange County was included in the lawsuit because, policies and procedures were in place but were “consistently either ignored or not enforced” by officials, Gracia’s family claims.

Also named in the lawsuit were Dr. Robert Buck III, who headed Corrections Health Services at the jail; nurse practitioner Maryanne Evans; registered nurse Karen Clairmont; registered nurse Elsa Galloza-Gonzalez; and practical nurse Lynn Marie Harter.

While announcing the lawsuit Monday, the inmate’s mother, Willine Gracia, said the court action was about making a change, not about making a dollar.

"It's not about the money," she said. "It's not.

"You can't treat a human being that way. It doesn't matter about color, race, none of that matters. My son screamed and laid there in agony and pain. Dying. My God."

Cox Media Group