Judge dismisses lawsuit from suicidal Dubuque County inmate

A lawsuit filed by a Dubuque County jail inmate who claimed he tried to kill himself with a razor that was given to him by jail staff was dismissed because it named the wrong defendants.

Mark A. Davison, 49, filed the lawsuit last spring against the Dubuque County sheriff's office and the county jail, claiming jail staff gave him the razor after he told them he was off his medications and suicidal. The Telegraph-Herald in Dubuque reports the lawsuit was dismissed Sept. 20.

Les Reddick, the attorney representing the sheriff's office and jail, said the entities cannot be sued, noting it would be like suing a building or political office. He says the lawsuit should have been filed against the county.

Reddick says the statute of limitations on the case has expired and it can't be refiled.

The petition was filed shortly before the two-year statute ran out, and the original notice was served after the statute ran out, Reddick said.

"Because the right parties didn't have the right notice, there is no mechanism in place to allow it to revert back to the original filing date," Reddick said.

He said when someone sues the wrong people, the right people have to know about it before the statute of limitations expires for it to be refiled, and in the Davison case that didn't happen.

Davison's attorney didn't return a call Friday seeking comment.

Davison was arrested on May 14, 2008, after he failed to meet with a probation officer. Court records show he struggled with officers and was taken to a local hospital to be examined before being taken to jail.

He is now at the Newton Correctional Facility on a drunken driving conviction and is scheduled to be released in January, according to the Iowa Department of Corrections website.