SALT LAKE CITY, Utah (ABC4 Utah) – The Jensens have been given new hope after another favorable court ruling.
Their daughter, Madison Jensen died in 2016 after turning herself into the Duchesne County jail. Four days later she died from dehydration after becoming ill.
Negligent homicide charges against the head nurse, Jana Clyde were dismissed by a judge. The Jensen’s not only appealed in state court but sued Clyde and others in federal court.
Those judgeS have recently issued rulings that have been favorable for the Jensens.
“We’re coming back strong,” said Madison’s father, Jared.
This after a federal judge refused to dismiss a civil lawsuit against Clyde and others on the medical staff. But the judge did dismiss Duchesne County which was also named in the lawsuit.
“I’m a fighter just like my daughter was and her intent was never to leave the jail not living,” Jensen said.
But in 2016 she died from dehydration after entering the jail.
The Duchesne County nurse Jana Clyde was charged with negligent homicide. The charges were dismissed by a judge in 2018.
Recently, in unanimous rulings, the Utah Supreme Court and Court of Appeals overturned the case and ordered a new criminal trial.
Tuesday, in a civil case, federal judge Dale Kimball ruled in favor of the Jensens.
Judge Kimball wrote: “There are questions … as to nurse Clyde’s training and a reasonable jury could find Clyde … disregarded the risk to her by not obtaining adequate treatment.”
It means the family’s lawsuit against Clyde and others on the medical staff at the jail will not be dismissed. But the lawsuit against Duchesne County was dismissed.
“I was basically really happy about it,” Jensen said. “We know our chance of moving forward was just a slim margin.
He said no matter the outcome they’ve already influenced changes in the way jails treat inmates. Jensen said nearly all jails now have policies or revived their policies to prevent something like this from happening again.
“When she went to that jail she went to save her own life and it ended up costing her life,” Jensen said. “We’re going to fight until we can’t fight no more for my daughter.”
A date for Jana Clyde’s new trial has not been set. Her attorney resigned from the case, and she is now represented by someone else. A conference between the attorneys and the judge is scheduled for next month.