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Thursday, August 30, 2001
Copyright © Las Vegas Review-Journal

Wrongful death suit filed in incident at Henderson facility

Inmate exhibited signs of heart disease, widow's complaint states

A woman whose husband died of a heart attack in December at the Henderson Detention Center has filed a wrongful death lawsuit in connection with the incident.

Kathy Tucker filed the complaint Tuesday in U.S. District Court. The woman, who is represented by Las Vegas attorney Cal Potter, is seeking at least $2.5 million in damages.

Tucker's 44-year-old husband, Mark, was booked into the Henderson jail on Dec. 13 after being held in contempt of court for failing a breath test.

Mark Tucker, a self-employed Henderson upholsterer, had been convicted of drunken driving three years earlier. From the time he was booked on the contempt charge until Dec. 21, according to his widow's lawsuit, the inmate exhibited obvious symptoms of severe heart disease. According to the document, those symptoms included chest pain, severe indigestion and projectile vomiting.

The complaint alleges that corrections officers and a jail nurse, Jean Baster, knew about the inmate's prior health problems and his symptoms of heart disease but denied him medical assistance.

According to the lawsuit, Baster prescribed an antacid to the inmate on Dec. 21, 40 minutes before his death, in an "act of deliberate indifference" to his medical needs.

Mark Tucker later became unresponsive, and his cellmate called for help, according to the lawsuit.

"Jean Baster returned to the cell and attempted CPR, but it was too late," the document states.

A news release issued by the Henderson Police Department shortly after Mark Tucker's death stated that he had complained only of indigestion.

The release also noted that the inmate was in a cell designed especially for people with medical conditions. It is equipped with an emergency buzzer to notify jail personnel if medical attention is needed, according to the release.

After determining that Mark Tucker's vital signs were OK, the release stated, employees were notified that he was having trouble breathing.

"When they arrived at his cell, they found that he was not breathing," it stated. "Attempts to revive him were unsuccessful."

According to the release, jail personnel did their best to help the inmate "and regret that their attempts were not enough."

Kathy Tucker's lawsuit names the city of Henderson and Henderson police Chief Michael Mayberry as defendants, as well as Baster and the company that employed her, Prison Health Services.

Vicki Taylor, assistant to the city manager, said officials would not comment on the lawsuit until they had a chance to review it.

The Henderson City Council voted earlier this month to renew its contract with Prison Health Services. The company provides care to all five jails in the Las Vegas Valley.