Benton County Sheriff Sued Over Medical Care In Jail

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BENTONVILLE (KFSM) – A Fayetteville woman filed a lawsuit Friday afternoon (May 29) against Benton County Sheriff Kelley Cradduck, saying she was denied proper medical care in jail for an abscessed tooth that caused her jaw to swell and prevented her from eating.

Ashley Ober is seeking financial damages in an amount to be determined at trial for cruel and unusual punishment, according to the lawsuit filed in Benton County Circuit Court. She is represented by Josh Bailey of the Morton Law Group of Fayetteville.

In addition to Cradduck, Benton County and certain sheriff’s deputies whose identities have not yet been determined are named as defendants.

Ober was jailed on May 24, 2012, after a judge sentenced her to 30 days behind bars “as punishment for failure to turn over certain papers as directed,” according to the lawsuit.

Over the next few days, mild tooth discomfort turned into intense paid and swelling, leading her to beg jail personnel for help and stopping her from eating, the lawsuit states. Ober was not seen by a jail physician until May 30 and later was unable to get her prescribed doses of medication, the lawsuit states.

On June 4, Ober filed a motion in court seeking to be released from jail immediately because she was not receiving necessary medical treatment, according to the lawsuit. Judge Mark Fryauf granted the motion, ordering Cradduck to release her from custody prior to serving her 30-day sentence.

The lawsuit claims Cradduck and county officials fail to provide proper and adequate medical care to inmates and detainees and fail to discipline or train officers involved in misconduct.

The sheriff could not immediately be reached for comment on Friday evening.