Illegal Immigrant's Family Sues Franklin County Jailer
Wrongful Death Lawsuit Also Targets Health Service Companies
By Steve Tellier
POSTED: 9:10 pm EDT July 27, 2010
UPDATED: 9:55 pm EDT July 27, 2010

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LOUISVILLE, Ky. -- The family of an illegal immigrant who committed suicide at the Franklin County Jail has filed a wrongful death lawsuit against the jailer and two health services companies.

Ana Romero, 44, died at the jail in August 2008. She was being held at the jail awaiting deportation.

No charges were ever filed against anyone in connection with her death. But Romero's family has filed a lawsuit which alleges that Romero did not receive proper medical care while in jail, and shouldn't have been in jail on the day she died.

Romero moved from El Salvador to the U.S. like so many other immigrants.

"She had the American dream, and she came to this country to get a better life," said Mario Aguilar, Romero's brother-in-law.

But her family said they never imagined that life would end in a jail cell after just 44 years.

"It's very hard to imagine that she's not with us anymore," Aguilar said.

And the lawsuit alleges that Romero should still be alive.

"The tragedy here wasn't just the death of Ana Romero. It was the circumstances under which it happened," said Vanessa Cantley, the attorney representing Romero's estate.

Romero was in the U.S. illegally and was supposed to be deported in August 2008. Immigration and Customs Enforcement had 48 hours to pick her up for deportation. But the lawsuit alleges those 48 hours passed, Romero wasn't picked up, and that she was then kept illegally at the Franklin County Jail.

"She was scheduled to be released from the jail 10 days before she died, and had she been released as was required by federal law, this never would have happened," Cantley said.

The lawsuit alleges that during the last 10 days of her life, she did not receive proper medical care.

"Her physical health and mental health drastically deteriorated," Cantley said. "We know that 48 hours before she committed suicide, she stopped eating, she vomited consistently, she complained of being severely depressed."

The lawsuit also alleges that Romero was put on suicide watch, but was then taken off of it by a social worker.

"He assessed her as a low suicide risk, took her off suicide watch, and less than 24 hours later, she died," Cantley said.

Romero hung herself in her jail cell.

The lawsuit alleges the Franklin County jailer, "acted wantonly, willfully, with gross negligence and/or in reckless disregard for the life and safety of Ana Romero."

The lawsuit demands damages, but Romero's family members said they just want answers.

"What happened? Why did that happen? Why did she die?" Aguilar asked.

At the time, ICE said Romero died one day before they would have been able to take her into custody, and that they make every effort to pick up illegal aliens within 48 hours.

WLKY News left messages with the Franklin County Jail, as well as both health services companies named in the lawsuit. Our calls were not returned.

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