Diabetic Michigan man files suit claiming he lost his toes because medical care was delayed while in custody

(CBS DETROIT) - A 39-year-old Michigan man has filed a lawsuit saying he lost his toes because he received delayed medical care while he was in custody.

Jon Messer filed the lawsuit on July 5 through Rothis Law PC against the Milford Police Department, Milford Township, Livingston County, the Livingston County Sheriff's Office, the Livingston County Jail, along with specific officers and medical workers individually.

In July 2021, Milford police pulled over a maroon 2003 Chevrolet Silverado near the Childs Lake Estates mobile park because its license plate wasn't visible, but Messer wasn't driving the vehicle; he was the passenger.

The lawsuit claims that the officer also searched the LEIN police database for Messer's name and found a felony warrant for him out of Howell for stolen property. The officer ordered him to get out of the vehicle.

Messer and the driver had begged the officers not to detain him because they were rushing him to the hospital. The plaintiff told the officers he had recently had a few toes amputated due to his diabetes and ulcers on his foot, and he feared he was going to lose more due to recent diabetes complications.

The officers arrested Messer and transferred him to the Livingston County Jail.

The lawsuit alleges that in the days following the arrest, medical staff "intentionally refusing him necessary medical attention for a serious medical condition acted with deliberate indifference."

The wound on Messer's foot "was a clearly visible open wound, which was also obviously infected, odorous, turning colors, and oozing."

Four days later, Messer was allegedly taken to the hospital and had to get all the remaining toes on his foot amputated.

He was then returned to the jail, where he was kept for 15 days and allegedly not administered his antibiotics as hospital staff directed.

The suit claims Messer's constitutional rights were violated.

"That Plaintiff's continued ongoing pain and suffering, both physically and mentally, and all injuries named in this complaint are a direct result of Defendants' intentional and knowing actions and inactions amounting to deliberate indifference of necessary medical treatment violating Plaintiff's Constitutional Rights as described above and throughout this Complaint."