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Tort claim filed against county

CLOVIS — A tort claim has been issued to the Curry County Commission alleging negligence and improper handling of COVID-19 at the Curry County Adult Detention Center.

The claim, filed Thursday by Portales attorney Eric Dixon, indicates the facility has at least 67 or more inmates currently diagnosed with COVID-19, and that it is “unfit for human habitation at this time” and should be shuttered.

The claim indicates that inmate Daniel Heil, 40, tested positive for COVID-19 Oct. 9, and has received no medical treatment for the diagnosis. Jail and court records indicate Heil has been in the facility since April 23, and is slated for a December trial on charges of kidnapping, battery and assault.

“The Curry County Detention Center is a petri dish, cesspool, disease filled, super-spreader of COVID-19,” the claim says. “This number grows daily and it is likely that unless the facility is closed and/or Mr. Heil (is) released it will continue to grow.”

Dixon noted that Heil will act as a class representative for other COVID-19 positive inmates.

A tort claim is a notice sent to government entities that, if filed within 90 days of the alleged date of injury or property damage, gives the injured party a two-year window to file a lawsuit.

County Manager Lance Pyle told The News Friday the facility had 26 detainees with COVID-19 and anticipated 24 of them would be considered cleared Sunday by the New Mexico Department of Health.

“Throughout this COVID-19 pandemic, Curry County has, and continues to implement all safeguards and work with the New Mexico Department of Health and other state agencies to limit and combat the spread of the COVID-19 virus,” Pyle said in an emailed statement. “The Curry County Detention Center has implemented strict protocols to mitigate the spread of the virus and continues to test and quarantine all detainees prior to booking into the facility. The safety of county personnel and the detainees at the detention facility is a paramount concern. Curry County will not comment any further on the threatened litigation.”

 
 
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