Seitz said he intends to motion for summary judgment. No hearings have been scheduled as the Department of Public Safety has not been served yet. The case is assigned to Chief Judge Randal Valenciano. The state is accused of violating Shiira’s due process rights,and that negligence of staff and lack of supervision by a superior agency inflicted intentional emotional distress. The complaint is seeking monetary damages to be stated at trial. The concerns about the risk of abuse among the inmate population are sincere,he said,but the solution is to carefully monitor dispensing procedures and not to deny someone their constitutional rights. Seitz said that there isn’t a law that would justify withholding medication to a patient in jail. “He was treated worse than almost anyone that I have ever seen in my 45 years of doing prison litigation,” Seitz said. Instead,Shiira was treated as an addict and the staff used drugs to allow his withdrawal from pain medication that he had not needed to come off of that medication,he said.
For whatever reason when Shiira spent a week in jail he was denied his health plan prescribed by a physician. Pain management is a science,and Shiira kept his condition under control and was able to work and function as a parent and construction worker with the help of medication,Seitz said. 23,and his appeal letter was filed with an MCCP Administrative Hearings officer on Nov. While declining to discuss the specific degree, a seminary spokesman said Shiira had not met degree’s requirements and that it would not be conferred. Shiira would have earned a Master of Divinity. The board replied with a rejection of his claim Aug. The statement also indicated that Shiira, who had been set to participate in commencement ceremonies Saturday (May 15), was no longer a student. Shiira filed a claim for medical malpractice with the state Medical Claims Conciliation Panel on Dec. “The doctors at the facilities become their doctor for the time they are incarcerated,” Schwartz said. The attending physicians and medical staff follow policies and procedures limiting or changing community medication orders based on PSD’s narcotic use guidelines. He was unable to eat,sleep or lie down without discomfort and was dehydrated from vomiting.ĭPS couldn’t comment on the case specifically.īut DPS Public Information Officer Toni Schwartz said that when someone with a medical condition is sentenced to prison,they become a patient of the state. Shiira reportedly spent the entire week in extreme pain and nausea. They instead followed the directive of the state doctors and administered Shiira with ibuprofen for his complaints. The suit alleges that staff would not follow the orders of the inmate’s physician and administer his narcotics while in custody. Shiira presented his medications with prescriptions to the KCCC medical staff,along with his medical history and treatment plan. His care included a regimen of prescription pain medication that allowed him to continue working in construction. He had been sentenced to a week in jail for failing to show proof of automobile insurance.Īccording to the complaint,Shiira was under the care of a physician for chronic back and shoulder pain and underwent multiple surgeries over two decades. Shiira self-reported for a court-ordered seven-day incarceration at KCCC on Jan. “They are entitled to the same level of treatment or care whether they are in prison or not,” Seitz said. Shiira’s attorney,Eric Seitz,said the standard of care for inmates in state prisons is clearly established and is the same as the standard of care for people in the community. He is naming the DPS,and specifically a nurse practitioner and two nurses who work for Kauai Community Correctional Center through Kauai Medical Clinic as defendants. Preston Shiira,54,of Kapaa,filed a civil suit in 5th Circuit Court on Nov. A local construction worker is suing the state Department of Public Safety for failing to provide his back pain medication or appropriate treatment while he served a week in jail. Please report any typos/errors to If you’d like to buy me a cup of coffee – and boy, do I get through a LOT of coffee keeping this site active – please click the link below.LIHUE,HI.According to an email from the church’s elders to church members, Shiira was not part of the pastoral staff, “had no contact with children or students at Lakeshore Church,” and his role ended April 30. Shiira had also served at Lakeshore Church in New Orleans, helping to plan the order of worship. We also pray for everyone who is negatively impacted by this situation. We grieve and pray for those who are often overlooked as victims of online sexual crimes. The New Orleans Police Department could not immediately confirm details of the charges Friday, but NOBTS President James “Jamie” K Dew said the seminary was shocked by the news. A spokesperson said the Master of Divinity degree he would have received yesterday (Saturday) would no longer be conferred because he failed to meet the degree’s requirements. It further noted that Shiira was dismissed from the school where he previously worked but had resigned before he was criminally charged.
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