Chautauqua County’s attorneys want a mother’s lawsuit over the death of her son in the Chautauqua County Jail to be heard in federal court.

Antoinette Scott of Gowanda filed a wrongful death lawsuit in state Supreme Court in Erie County in December against Chautauqua County and up to 20 unnamed county employees on duty involved in the care and treatment of Andrew Maybee. It was quickly removed from the state Supreme Court after attorneys representing Chautauqua County requested it be moved to U.S. District Court for the Western District of New York because it alleges violations of the 14th Amendment to the U.S. Constitution. Efforts to mediate the case are scheduled to end May 15 while Judge H. Kenneth Schroeder has approved a motion to give the county until April 25 to provide initial discovery to Scott’s attorneys and until May 15 for Scott’s attorneys to amend their pleadings. The county is being represented by Gross Shuman P.C. of Buffalo.

Maybee’s death in December 2022 was later detailed in a heavily redacted 10-page report recently released by the state Commission of Correction. Maybee, who had a reported history of mental health issues, was booked into the Chautauqua County Jail on Nov. 17, 2022, on a reckless driving and driving while intoxicated conviction. The 23-year-old underwent a suicide prevention screening during his booking. In its report, the commission noted that Maybee was “properly followed by psychiatry and mental health” while at the jail. However, a review of the inmate’s care found that a full medical assessment and physical examination had not been completed within 14 days of his admission as required.

Jail staff were alerted to a medical emergency inside Maybee’s cell the evening of Dec. 7. He was later pronounced dead.

“The Medical Review Board opines (that) had these records been requested and reviewed in a timely manner, Maybee’s extensive mental health history including his hospitalizations and suicidal ideations could have been more appropriately assessed,” the report states.

Scott’s lawsuit follows the same line of thought in the Commissions of Corrections report, alleging county jail staff didn’t address Maybee’s suicidal thoughts and behaviors. Maybee had been diagnosed with schizoaffective disorder, had been hospitalized for a month and undergone a few days of electroconvulsive therapy at the Erie County Medical Center. He was released from ECMC on Nov. 8, according to the lawsuit.

“Though required, a full medical assessment and physical were not completed within 14 days as required by minimum standards,” attorney Melissa D. Wisherath of Lipsitz Green Scime Cambria of Buffalo wrote in the lawsuit. “Among other warning signs that Andrew was suicidal and had serious medical issues that required treatment, Mr. Maybee was removed from Constant Watch on Dec. 1, 2022 (one day after he commenced antipsychotic medication) only to be placed back on (constant watch) that same day after Andrew disclosed suicidal thoughts to mental health staff. He was removed from (constant watch) again the following day, Dec. 2, 2022, and he died five days later.”

The lawsuit states Maybee had made jail officials aware of his disorders, previous admissions to psychiatric hospitals and previous suicide attempts and mental health hallucinations he was experience while in the county jail. He was prescribed antipsychotic medication Nov. 30, 2022, about two weeks after he was taken to the county jail. One of Maybee’s previous suicide attempts came while during a locked psychiatric facilities, something Wisherath said is noteworthy because the psychiatric facility is similar to a jail environment.

“On December 7, 2022, Andrew committed suicide by hanging himself in his cell,” Wisherath wrote. “Andrew’s suicide was brought on by lack of adequate medical attention, care and treatment. Defendants failed to provide adequate and required medical care to Andrew Maybee, a person in their custody. Defendants’ willful and deliberate indifference to Andrew E. Maybee’s serious medical needs directly led to his untimely, preventable and unjustifiable death.”

Regarding Maybee, the commission asked the jail physician to conduct a “comprehensive quality assurance review” of the care provided to Maybee to include why he was not seen for his admission medical history and physical assessment within the 14 days of his admission. A directive to the county director of Chautauqua County Mental Health Services is included as well. It asks that a quality assurance review be made with mental health staff and providers to assure that individuals who have “known psychiatric histories” are presented for services. It also asks that “thorough attempts” are made to request available records from community providers and hospitals.

A note in the report states that the Chautauqua County Sheriff’s Office had implemented changes to assure compliance with admission health assessment requirements. In addition, the department said a plan had been developed to ensure inmate records are requested and reviewed when necessary.