Civil Liability in Telfair State Prison Wrongful Death Case
A case filed in July of 2024 continues to grind its way through the Georgia legal system as it considers the question of liability in the death of Juan Carlos Ramirez Bibiano. The complaint, filed on July 22, 2024, alleges that Ramirez (represented by mother Norma Bibiano) died of intentional or careless neglect while under the care of the guards at Telfair State Prison in July of 2023. The family has alleged that Ramirez was placed in a concrete-floor cage for over five hours without water or shade, leading to a heat stroke, a cardiopulmonary attack and ultimately death.
Officials at Telfair State Prison, and indeed the Georgia Department of Corrections have rejected the claim, countering instead that Ramirez died of natural causes. However, the complainants have told the media that the Department of Corrections has thus far refused to provide an autopsy report. The Associated Press reported in July of 2024 that staff were told at 8 a.m. on the day of Ramierz' death to ensure prisoners had cold water and to make sure they were not “left outside for too long.” Hospital staff were notified at 3 p.m. that Ramirez required assistance and that he showed signs of severe heatstroke, according to AP News. He died seven hours later in a local hospital of a cardiopulmonary attack.
The case has continued to wind its way through the legal system and is currently in discovery. Multiple documents have been filed since December as the court issues notices of subpoena. Both sides appear to be preparing for what may very well be a jury trial.
Wrongful Death in Georgia
Ramirez’ case, filed as 24-CV-086SW, NORMA BIBIANO AS ADMINISTRATOR FOR THE ESTATE OF JUAN CARLOS RAMIREZ BIBIANO, ET AL V GEORGIA DEPART, is a “general tort” case. While the exact details of the case are not available to the public, it is clear that the family is suing under Georgia’s wrongful death statute, Ga. Code § 51-4-2, Wrongful Death of Spouse or Parent. To wit:
(a) The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.
The state allows family members to submit a complaint, also known as a tort, against a person, company or organization to sue for damages or some type of remedial action. The preference for who brings the suit is:
- The spouse of the deceased
- The parent of the deceased
- The adult child, grandchild and so on of the deceased
- The juvenile or minor child of the deceased, represented under a conservatorship
Liability under Georgia Law
If the claims by the Ramirez estate are true, then the prison may indeed be liable for the wrongful death of Juan Ramirez. This is because, according to the complainant:
- The prison was aware of the danger associated with leaving prisoners outside
- The prison had an established protocol for handling prisoners taken outside (as possibly evidenced by Telfair State Prison Warden Andrew McFarlane’s 8 a.m. meeting)
- The prison deviated from this established protocol
- Ramirez was an inmate under the care of the Telfaire State Prison
- Ramirez died while under the care of the Telfaire State Prison, as a result of their deviation from established protocol
The Ramirez family have a strong foundation for their case, as Georgia's state prisons have come under nationwide scrutiny, including by the U.S. Department of Justice, who opened a civil rights investigation into the state’s prison regarding violence, sexual abuse and understaffing. However, the direction of the case will depend on what evidence is found during discovery, especially including shift logs, security camera recordings and the suppressed autopsy report.
It is also a possibility that Ramirez was under the influence, and possibly had a negative reaction to, some type of drug or unknown illness. If this is the case, then the Georgia Department of Corrections will need to prove the existence of such substances or conditions prior to Rameriez's death.
What could the Ramirez Family Receive as Compensation?
Wrongful death suits are compensated by multiple factors, including:
- Funeral expenses
- Loss of income to the estate
- Emotional damages, including loss of companionship
- Pain and suffering of the estate
- Medical bills
Unfortunately, the biggest factor in awarded compensation is based on the “value” of the deceased. While there is no “full value” to a human life, the justice system formulates the value of the deceased’s death based on the amount of income lost by the estate. A 30-year-old person who makes $60,000 a year may have their estate awarded around $1.8 million for lost income - $60,000 a year for 30 years, the age of retirement. This “lost income” is usually in addition to other expenses like attorneys fees, funeral and travel expenses.
Hire a Wrongful Death Attorney in Atlanta, Georgia
It’s hard to imagine being compensated for the death of a loved one. However, many civil suits are brought in an effort to enforce some kind of accountability on the part of the accused. Prosecuting these cases take time, effort and expertise. Insurance companies and government agencies often have the best lawyers money can buy, and will often make every effort to shut down your case.
The experienced wrongful death lawyers at the McArthur Law Firm have settled and won over $100 million in compensation for victims of personal injury cases. The McArthur Law Firm has offices in Atlanta, Macon, and Warner Robins, and serves clients throughout Georgia and nationwide.
Call the McArthur Law Firm today at (478) 238-6600 (Macon), (404) 565-1621 (Atlanta) or (478) 551-9901 (Warner Robins).
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