Because of a serious motorcycle accident, Toney has a severe head injury that causes seizures. He was on an effective plan of care, including a regular medication, that proved to control seizures 97% of the time. In 2007, he was then diagnosed with a fungal infection in his left wrist that resulted in five surgeries and daily medication. He went into custody in 2016 and is currently at High Desert State Prison. He alleges that, in 2017, the defendants stopped administering the required medication for his seizures despite the medication’s common use in the medical field for seizures and the number of seizures he has had since has increased. He alleges they added fraudulent entries in his medical records to justify stopping the medication. He also alleges that, upon re-entry to the NDOC system in 2019, his left wrist brace, seizure medication, and anti-fungal medication were confiscated despite all being medically necessary. He also states he was cuffed on his left wrist without his brace, causing injury to his wrist. He eventually got a replacement brace after filing a grievance and other requests and he got his seizure medication back only after they witnessed a severe seizure. He got his anti-fungal medication back only after his wrist became re-infected. He filed a 1983 civil rights suit alleging 1st, 8th, and 14th amendment violations. He is in need of an attorney to represent him through the Federal Pro Bono Program. Next Deadline(s): Discovery due by 7/20/2023. Motions due by 9/19/2023. Proposed Joint Pretrial Order due by 10/19/2023. 

Case Interest Form

Are you interested in this case? If so please fill out the form below