Family announces federal lawsuit 2 years after Orange County inmate's death

This browser does not support the video element.

ORANGE COUNTY, Fla. — The family of a man who died while an inmate at the Orange County Jail announced Monday that they were in the process of filing a federal lawsuit against the county, almost two years after Max Gracia II's death.

The family told Channel 9 that they worked to negotiate with the county, but said they didn't see enough change in policy 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.

About three months later, his death was ruled a homicide, which raised concerns about his treatment.

In December 2015, a report claimed Gracia was so sick that other inmates had to drag him on the floor to move him from cell to cell.

"If he did anything wrong, then that was between him and the court system. But he didn't get that opportunity," the victim’s mother, Willine Gracia, said in early 2016.

While announcing the lawsuit Monday, 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."

The lawsuit alleges that the jail staff failed to provide proper medical care to Max Gracia II, who had HIV at the time.

"The way my son was treated in the jail, even at the Orange County Animal Shelter, they would not allow you to treat an animal like that," his father, Max Gracia, said.

The lawsuit targets Orange County, the head of the jail's health division and four nurses.

The family is accusing them of medical malpractice and violating Max Gracia II's civil rights.