The estate of Avery James Borkovec, a 22-year-old who died with staph bacteremia, endocarditis and sepsis while detained in the Boulder County jail, is suing the county sheriff, medical staff and others for allegedly failing to provide proper medical care, according to a federal lawsuit.
Filed in U.S. District Court on Sept. 27, the lawsuit claims Borkovec suffered a “harrowing, gruesome, and painful death” as a result of “deliberate indifference” by jail officers and medical staff, violating his constitutional rights under the 14th Amendment.
In September 2022, Borkovec was arrested and initially detained at the Broomfield Detention Center for about a week before he was transferred to the Boulder County jail. Over the course of about a month, Borkovec repeatedly sought medical attention for symptoms including pain, vomiting, insomnia and other health issues. According to the lawsuit, Borkovec’s condition deteriorated to the point where he became pale, unable to sit up, and barely able to speak. In one instance, jail medical staff administered four doses of Narcan, which is used to treat opioid overdoses. Borkovec died on Nov. 3, 2022.
“All reasonable health care workers know that a 22-year-old person with several weeks of vomiting, coughing, insomnia, extreme tooth pain, pallor, migraines, anxiety, weight loss, fatigue, severe back pain and tightness, severe diffuse body pain and soreness, difficulty walking, a yellowish tinge to their skin, and difficulty breathing must be immediately hospitalized for these critical symptoms, or risk severe injury and death,” the lawsuit states.
In an emailed statement, Boulder County Sheriff Curtis Johnson said that on Nov. 3, “deputies and jail medical staff immediately responded and began lifesaving measures before American Medical Response and Boulder Fire-Rescue arrived and transported him to the hospital.”
“The Sheriff’s Office deeply values the safety and well-being of individuals in its custody. The Sheriff’s Office will review and take any legal allegations seriously and respond in any timeframe determined by the court,” Johnson said.
The lawsuit names 19 defendants in total, including the Board of County Commissioners. The plaintiffs are seeking both compensatory and punitive damages.