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Former Kan. inmate seeks $10M in lawsuit

Suit says the inmate was refused cancer treatment

By Tim Hrenchir
Topeka Capital-Journal

SHAWNEE COUNTY, Kan. — A former Shawnee County Jail inmate is seeking $10 million in a lawsuit he is pursuing against defendants that include Shawnee County.

The county on Tuesday released the agenda for Thursday’s 9 a.m. county commission meeting, which shows commissioners plan as part of their consent agenda to consider acknowledging the county’s receipt of a summons in a lawsuit filed by Claybon John McGlory.

Shawnee County District Court records show McGlory, who is acting as his own attorney, filed a handwritten petition March 20 in the lawsuit he is pursuing against the Shawnee County Commission, Prison Health Services, Correctional Health Care, the Shawnee County Department of Corrections and its medical department.

McGlory’s petition contended the defendants refused to treat McGlory for cancer from which he suffers and refused to take him for testing as ordered by a cancer specialist. It added that he hadn’t received medications or seen physicians from the time of his arrest until the time the petition was filed.

Shawnee County District Court records show McGlory, 51, was booked into the jail March 3 and charged March 6 with the felony possession of opium, opiates or a narcotic drug and misdemeanor use or possession with intent to use of drug paraphernalia. He was released from the jail on bond March 26.

U.S. District Court records show McGlory in December 2005 filed a lawsuit against a Shawnee County Jail officer and a Prison Health Services nurse seeking $1.2 million and contending they denied him proper treatment for constant pain in his lower left leg and problems walking. The suit was dismissed in February 2006.

Topeka Capital-Journal archives show the Topeka City Council voted in June 1994 to award an $18,600 settlement to McGlory’s mother, Pearl McGlory, for damages regarding an incident in which Topeka police arrested Claybon McGlory in May 1992. Pearl McGlory said that after an officer put his nightstick around Claybon McGlory’s neck to subdue him, she tried to remove her son’s fingers from the nightstick and the officer struck her with it.

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