A lawsuit filed Monday seeks to halt a CID petition whose final consideration is tonight before the Houston City Council. 

A federal lawsuit filed by a former inmate of the Texas County Jail can proceed, a federal district judge ruled last week.

U.S. District Judge Beth Philips in Springfield decided that a civil lawsuit filed by Harry A. Scheina III will move forward against James Sigman, Texas County sheriff. Sigman has 21 days to respond to allegations in the suit.

In June, Scheina aired his grievances with the federal court after arriving in the state prison system. Scheina alleged on June 5, 2017, he entered the Texas County Jail with a broken jaw and serious infection related from an unrelated event. He claims he told jail administrators that “the hardware holding his jaw together was in serious state of disrepair and was in fact coming apart.”

Scheina, who must find counsel, said he was previously scheduled for surgery on June 10 and given an antibiotic, which was seized. An in-house substitute was given, he said, and after a week, dispensing was dropped. A contracted doctor said Scheina needed outside medical intervention. Instead, a mental health evaluation was scheduled and he said was refused a soft diet or accommodate his inability to eat regular foods, he claims.

He alleges his pleas went ignored and he was taunted by a supervisor.

On April 4, 2018, he alleges Sigman used excessive force on him.

Scheina, who is now housed in a state prison, is seeking $1 million after taxes, fees and another costs and the resignations of the sheriff, a deputy, Jennifer Tomaszewski; and a third worker, Pam Tripp, who is no longer employed there, updated grievance procedures, training for officers and medical care expenses paid.

Scheina left the county jail after his probation was revoked on burglary and stealing charges and is in a state prison to serve his 10-year sentence. Scheina, a former employee of Missouri Hardwood Flooring, has had several brushes with the law over the years.

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