Judge Orders Investigation of Nurse’s Allegations

7:50 pm in News by News

Dec 2, 2008
By: Roxana Hegeman
Associated Press


WICHITA, Kan. (AP) – A federal judge ordered the U.S. attorney’s office to “fully investigate” a jailed Kansas nurse’s allegations of unfair and cruel treatment at the Butler County jail.


U.S. District Judge Monti Belot issued the emergency order Monday in response to an emergency motion by attorneys for Linda Schneider after she was put in solitary confinement. Her defense contends the treatment violates her constitutional rights.


A hearing is scheduled Dec. 8 on the abuse allegations.


Schneider faces trial in February on charges she and her husband, Dr. Stephen Schneider, operated a “pill mill” linked to 58 accidental drug overdose deaths.


Linda Schneider was placed in solitary confinement Nov. 22 and was told she would remain there until Dec. 5, according to the defense motion. The punishment stems from her possession of a hair tie, which was apparently considered contraband by a guard at the facility.


Logan Kline, spokesman for the U.S. Marshal’s Service, said he was unaware of Schneider’s allegations and declined further comment.


Schneider contends she received the tie from the jail’s nurse so she could keep her hair off her neck, where she had an infection that was suspected to be staph or a centipede bite. The motion noted there was a centipede infestation in the dorm where she is housed, with the insects constantly falling from the ceiling onto the inmates.


Schneider was given a permission slip by the facility’s nurse allowing her to have the hair tie, according to the motion.


Her sister, Linda Hatcher, told The Associated Press on Monday that Schneider was freed from solitary confinement a few days ago after publicity over the incident, but remains confined to her dorm bed as her continued punishment.


Hatcher was heartened to learn that Belot had set an evidentiary hearing on the defense motion.


“Wow. That is awesome. At least he is actually going to check into something,” Hatcher said. “I am excited about that.”


Schneider’s lawyers contend in a court filing that the most recent violation of her constitutional rights is not an isolated incident. The defense asked Belot to intervene and release her from prison “in light of the cruel and punitive conditions she has endured” or at least to place her back in the general inmate population.


This is the second time the Haysville nurse has been put into solitary confinement since her arrest nearly a year ago. She was put in solitary confinement in January after trying to talk to a television reporter during a call to her sister.


Defense attorneys also cited a “shameful incident” involving allegations that one inmate tricked another inmate into drinking urine. According to testimony at a bond hearing, Schneider told the victim about it after she learned of the incident. The alleged perpetrator later testified against Schneider at a bond hearing, claiming Schneider talked about getting a false identification in order to flee.


The defense also cited what it called the government’s pervasive use of taping telephone conversations with family as a discovery tool, and the lack of adequate medical care for her various conditions at the jail.


The Schneiders are charged in a 34-count indictment with directly causing four deaths and contributing to 21 deaths.


The couple is charged with conspiracy, unlawful distribution of controlled substances, unlawful distribution of a controlled substance resulting in death, health care fraud, health care fraud resulting in death and illegal monetary transactions. Prosecutors are also seeking the forfeiture of assets.


http://www.hdnews.net/wirestories/k1116-BC-KS-DoctorIndicted-2ndLd-Writethru-12-02-0687