SPOKANE – The families of two Colville Tribal members who died in Okanogan County Jail have filed federal civil rights lawsuits, according to a press release from Galanda Broadman, PLLC. The lawsuits allege that systemic failures and ignored warnings led to their deaths.

Galanda Broadman, PLLC, an Indigenous civil rights law firm, announced on Sept. 8 that it had filed lawsuits on behalf of the families of Amber Marchand and LaCrisha Cate, both young mothers who died in 2023 within months of each other.

“The lawsuits highlight a series of deaths of Colville women and others in the Okanogan County Jail since 2011, as well as a state government finding that Okanogan County ‘buried’ an incriminating jail safety audit report,” the press release stated.

Marchand, 35, was booked into jail in April 2023 and admitted she was addicted to fentanyl and experiencing withdrawals. According to the lawsuit, she “received no medication for her withdrawal symptoms and was never seen by a qualified medical professional, despite jail staff knowledge that she was actively detoxing.” She was allegedly left in solitary confinement and a restraint chair by jail staff, “screaming from mental health issues, and was in unbearable pain.”

On April 29, 2023, Marchand was found unresponsive. She died days later of her injuries. “Amber left behind three young sons,” the release states.

Cate’s suit alleges that when she was booked into the jail on July 31, 2023, “she had just consumed fentanyl and methamphetamines and was experiencing withdrawals.” The press release alleges that although she was belatedly prescribed over-the-counter medications, “she did not receive Medication-Assisted Treatment for opioid withdrawals approved by the FDA, such as Suboxone. Nor was she ever seen in person by a qualified medical professional.” the release stated.

On Aug. 1, 2023, she was found lying on a shower floor, unresponsive and cold to the touch. She died three days later. “LaCrisha left behind three young children and a broken-hearted mother.”

The lawsuit alleges “ongoing systems failure caused these young Colville women’s tragic and unnecessary deaths.”

The press release highlighted other deaths in the jail dating back to 2011, including cases involving detainees with mental health issues and substance use disorders. It also cites a pattern of deaths at the jail dating back more than a decade. They reference a 2019 Columbia Legal Services report which found Okanogan County Jail was among a handful of Washington jails with “disproportionately greater rates of death” due to overcrowding and inadequate care.

The press release also cited the Washington State Department of Corrections conducting an audit of the jail in 2017, identifying “multiple deficiencies” and recommending reforms. According to the lawsuits, Okanogan County “buried the report and did not take any action on the recommendations provided” through at least 2023.

“Okanogan County Jail has a longstanding policy and practice of denying pretrial detainees suffering from opioid use disorder life-saving medication and treatment, which has resulted in far too many jail deaths and injuries, particularly among Colville Tribal members.” Said Shelby Stoner, attorney for the families.

Stoner said the 2017 audit given by the Washington State Department of Corrections are recommendations.

“They are recommendations. So, it’s not binding enforcement. Obviously, for liability purposes, those recommendations should have been implemented.”

“When Okanogan County Jail provides incarcerated individuals access to Medication-Assisted Treatment, it not only saves lives, but it also helps these individuals overcome their opioid addiction, making the entire community better off,” said Stoner.

Stoner said neither of the women received proper medical treatment.

“This problem is widespread and partly because fentanyl is so addictive. We have an epidemic. It’s in Okanogan County; it’s everywhere. It’s across the state and across the country. Opioid specific deaths are on the rise everywhere. I don’t think it’s unique to Okanogan County, but Okanogan County has the Colville Reservation and it is on the rise, even more so on reservations and tribal communities,” said Stoner.

Stoner added, “There are a lot of different factors for that, poverty being a main driver of that.”

Stoner said that according to a Columbia Legal Services Report, Okanogan County stood out as being one of the worst jails in the state based on the population.

“The number of deaths are not high relative to any other counties, but based on the population, it’s quite high,” said Stoner.

The lawsuits, filed in the U.S. District Court for the Eastern District of Washington in Spokane, ask the court to hold Okanogan County and its officials accountable. They demand that the jail provide necessary medications to inmates with opioid use disorder “in compliance with federal and state law.”

According to Stoner, jail deaths are nothing new, but because of how deadly fentanyl is, it’s becoming a crisis and jail may be the only opportunity some may be able to receive help.

“I hope that at a minimum, jails are complying with the standard of care procedures that have been published for years. Regular safety checks on folks that are withdrawing and or maybe suicidal, whether because they are withdrawing from drugs or because it’s known that they have mental health issues. The standard of care is thirty-minute checks; not sixty minutes and certainly not ninety minutes, which is what Okanogan County’s policy is.”

Stoner said having access to FDA-approved medication for opioid use disorder is the rule of thumb for some states.

“Unfortunately, Washington is not one of those states yet,” she said.

“These medications not only help them survive, potentially, but also help them get back on their feet and kick the addiction,” said Stoner.

Okanogan County did not respond to the families’ notices of intent to sue, according to the release.