Conley v Delco Jail: a WRONGFUL DEATH of a 22-year-old girl lawsuit for MEDICAL NEGLECT. A PREVENTABLE DEATH

This is a quick summary for you made by AI of the first lawsuit on my 33-lawsuit list of open lawsuits against Delaware County (NY) and its Board of Supervisors.   I am sick, Miller has hounded me to the point of high blood pressure, I cannot do any work.  So, I am laying down in bed and talking to AI.  And DOES she deliver!

As to this one - I can be a witness for the plaintiff.  I have personal knowledge of medical neglect of multiple people in Delaware County jail, when I was an attorney visiting them.  This is NOT an isolated episode.  I do not have to disclose names of clients or private details.  I may also testify about what I saw.

Case File 01.  Conley v. Delaware County et al.

No. 9:25-cv-01558-AMN-MJK — Northern District of New York

Based on the 43-page complaint (Dkt. 1) and PACER docket report through October 14, 2026 (Dkt. 43).

1. Nature of the action

This is a federal civil-rights, medical malpractice, and wrongful-death action arising from the death of Aliza M. Oliver, age 22, in the Delaware County Correctional Facility on November 5, 2024.

Her father, Garret C. Conley, brought the action as administrator of her estate on November 4, 2025.

The complaint alleges that Oliver died from severe dehydration following several days of vomiting and diarrhea associated with opioid withdrawal.  It alleges that correctional and medical personnel repeatedly ignored her requests for hospitalization, failed to provide appropriate medical treatment, and allowed her condition to deteriorate until she died.

The complaint seeks compensatory damages, punitive damages, attorney fees, interest, and a jury trial.  No specific dollar amount is demanded.

The case remains open. The available docket shows that the pleadings have been answered, Sheriff Craig S. DuMond has been dismissed by stipulation, discovery is underway, and the case has been referred to mandatory mediation.

2. Parties and legal representation

Party	Role
Garret C. Conley	Plaintiff, administrator of Oliver's estate
Delaware County	Municipal defendant
Craig S. DuMond	Sheriff; dismissed March 17, 2026
Gregg Kujawski, N.P.	Contracted medical provider
Ira Fyfe, R.N.	Head nurse
Rosemary Balcom, L.P.N.	Jail nurse
Bethany Brinkerhoff, R.N.	Jail nurse
Mario Blincoe	Corrections sergeant
Joanne Yager	Corrections corporal
Elizabeth Cherry	Correction officer
Makayla Hunter	Correction officer
Katie Baug	Correction officer
Phelicia Quigley	Correction officer
Does 1–10	Unidentified defendants

Plaintiff's attorneys: James C. Knox and Alishah E. Bhimani, Hacker Murphy LLP.

County's attorneys: Brian S. Sokoloff, Sokoloff Stern LLP, joined by Frank W. Miller, Hancock Estabrook LLP, on October 5, 2026.

Other defendants have separate representation, including attorneys from Burke, Scolamiero Law Firm; O'Connor, O'Connor, Bresee & First; and Cook, Kurtz & Murphy.

3. Events preceding Oliver's incarceration

According to Complaint ¶¶ 1–8 and 42–48:

Oliver had entered a guilty plea to a drug-possession felony to participate in Schoharie County Drug Court.  After relapsing, she missed a court appearance and a warrant was issued.

She contacted her father, who brought her to the Schoharie County Sheriff's Office to surrender.

The complaint places her initial custody around October 31–November 1, 2024.

Schoharie County Jail personnel screened her and identified opioid dependence and the risk of withdrawal.  The medical records reportedly emphasized the need to prevent dehydration.

Because Schoharie County Jail did not have a women's housing unit, Oliver was transferred to Delaware County Correctional Facility on November 1, 2024.

The transfer paperwork reportedly included warnings concerning her withdrawal symptoms and the importance of hydration.

4. November 1, 2024 — Arrival at Delaware County Jail

The complaint alleges that Oliver was placed in Housing Unit D, Cell 7, a medical housing unit requiring checks every 15 minutes.

At approximately 11 p.m., nurse Bethany Brinkerhoff evaluated her and documented opioid-use disorder.

Oliver requested participation in medication-assisted treatment.

The complaint alleges that detoxification protocols were not initiated immediately, despite the information accompanying her transfer.

Nurse practitioner Gregg Kujawski allegedly directed that she receive medical evaluation every 48 hours. According to the complaint, Kujawski never personally examined Oliver during her confinement.

5. November 2, 2024 — Symptoms worsen

By November 2, Oliver was reportedly experiencing persistent vomiting, diarrhea, weakness, and dehydration.

She submitted a written request for assistance with withdrawal from heroin, fentanyl, and benzodiazepines.

Other inmates observed that she appeared seriously ill. One helped her telephone her parents to obtain drinks through commissary purchases.

The complaint alleges that she repeatedly requested hospital treatment.

At approximately 10 p.m., nurse Rosemary Balcom evaluated her and contacted Kujawski. Withdrawal-treatment protocols were then ordered, approximately 24 hours after her arrival.

Oliver's cell had become contaminated with vomit and diarrhea. According to the complaint, correction officers initially refused to clean it, and neighboring inmates eventually assisted.

6. November 3, 2024 — Persistent vomiting and medical deterioration

The complaint describes repeated reports of vomiting, diarrhea, weakness, and inability to retain fluids.

At approximately 8 a.m., Balcom recorded Oliver's weakness and difficulty walking.

Kujawski reportedly ordered Gatorade.

By the afternoon and evening, Oliver's vomit was described as dark brown or resembling coffee grounds.

At approximately 6:15 p.m., Balcom contacted Kujawski concerning projectile vomiting.

Kujawski allegedly ordered that Oliver receive nothing by mouth for three hours, followed by attempts to administer Gatorade if vomiting stopped. The complaint alleges that these instructions were repeated despite continuing vomiting.

No emergency hospital transfer was ordered.

The complaint also describes neighboring inmates attempting to provide Oliver with fluids and requesting medical assistance on her behalf.

7. November 4, 2024 — Collapse and requests for hospitalization

This is one of the most significant portions of the complaint.

During the morning medication round, Head Nurse Ira Fyfe allegedly observed Oliver struggling to stand.

Oliver said she felt as though she would pass out and collapsed.

According to the complaint, Fyfe documented that she was pretending to be unresponsive and splashed water on her face.

Corporal Joanne Yager allegedly witnessed the incident.

The complaint states that Oliver was returned to her cell and did not receive another medical evaluation for approximately 14 hours.

During the day, she reportedly became so weak that she crawled on the floor. Her vomit had become black and reportedly smelled like feces.

At approximately 8 p.m., Brinkerhoff recorded Oliver's request for hospitalization and intravenous fluids.

The complaint quotes Oliver as warning:

“if I die its [sic] on you”

Complaint ¶ 133, p. 19.

Complaint.pdf

She was returned to her cell without hospitalization.

8. November 5, 2024 — Oliver's death

The complaint provides a detailed chronology of the final hours.

Time	Alleged event
7:14 a.m.	Oliver recorded as refusing breakfast
7:29–8:13 a.m.	Officers record her condition as satisfactory
Approximately 8 a.m.	Oliver repeatedly falls during attempted medical assessment
11:20 a.m.	Yager records another welfare check
11:25 a.m.	Yager reportedly kicks the cell door seeking a response
11:59 a.m.–12:14 p.m.	Blincoe records further checks describing Oliver as “ok”
1:15 p.m.	Oliver reportedly unresponsive
Approximately 1:25 p.m.	Balcom and Baug enter her cell
Approximately 1:27 p.m.	Code Blue called
1:33 p.m.	Emergency medical services called
1:45 p.m.	EMS arrives
2:07 p.m.	Oliver pronounced dead

According to the complaint, the autopsy identified complications of hypernatremic dehydration following days of vomiting and diarrhea as the cause of death.

The complaint also alleges that the New York Attorney General's investigation obtained statements from at least ten neighboring inmates who described Oliver's deteriorating condition and repeated requests for assistance.

Complaint.pdf

9. The ten causes of action

The complaint asserts ten causes of action:

No.	Cause of action	Defendants
1	§ 1983 — Deliberate indifference to serious medical needs	Medical and correctional personnel
2	§ 1983 — Municipal and supervisory liability under Monell	Delaware County, DuMond, Fyfe
3	§ 1983 — Failure to intervene	All individual defendants
4	Wrongful death — Medical malpractice	Kujawski, Fyfe, Balcom, Brinkerhoff
5	Negligence	All defendants
6	Gross negligence	All defendants
7	Wrongful death	Nonmedical defendants
8	Respondeat superior	County and specified supervisors
9	Conscious pain and suffering — EPTL § 11-3.2(b)	All defendants
10	Intentional infliction of emotional distress	All defendants

The most important municipal liability allegations appear in Complaint ¶¶ 209–237.

The plaintiff alleges that the County maintained policies or customs involving inadequate opioid-withdrawal treatment, deficient emergency-response procedures, failures to train staff, and inadequate documentation of inmate medical complaints.

The complaint identifies earlier incidents involving Jerry O'Dell, Chad Ostrander, William Polhamus, and Taylor Angell to support its allegations of a recurring pattern and prior notice to the County.

These are pleaded allegations; the uploaded docket does not contain findings adjudicating their truth.

10. Procedural history — November 2025 through October 2026

The following chronology is drawn from the uploaded PACER docket, which ends with Docket No. 43.

Date	Docket	Event
Nov. 4, 2025	1	Complaint and jury demand filed
Nov. 5, 2025	2–3	Summonses issued; initial scheduling order
Dec. 11–23, 2025	4–14	Affidavits of service filed for defendants
Jan. 5, 2026	15	Brian S. Sokoloff appears for Delaware County and DuMond
Jan. 23, 2026	—	Magistrate Judge Katz notes expiration of answer deadlines and directs a status report
Jan. 28, 2026	18–19	Plaintiff files status report; County and DuMond request an extension
Jan. 30, 2026	20	Court grants extension to February 13 and adjourns Rule 16 conference
Feb. 13, 2026	22	Several defendants request additional time
Feb. 17, 2026	23	Court extends answer deadline to February 20
Feb. 20, 2026	24–27	Answers filed; DuMond files motion to dismiss; Yager files answer and crossclaims
Feb. 26, 2026	28	Plaintiff requests Rule 16 scheduling
Mar. 2, 2026	29	Yager files amended answer
Mar. 10, 2026	30	Stipulation submitted dismissing DuMond
Mar. 17, 2026	31	Court enters stipulated dismissal of DuMond only
Apr. 17, 2026	32	Civil Case Management Plan filed
Apr. 24, 2026	33–34	Initial conference, scheduling order, and mandatory mediation referral
June 17, 2026	35	Parties select mediator Daniel Cavarello
June 18, 2026	36	Court approves mediator selection
July–Aug. 2026	37–42	Counsel substitutions and related orders
Oct. 5, 2026	43	Frank W. Miller appears for Delaware County

11. The answer deadlines and extensions

An unusual early procedural feature is the County's failure to respond within the original deadline.

On January 23, 2026, Magistrate Judge Katz observed that the answer deadlines for all defendants had expired and directed plaintiff's counsel to submit a status report.

On January 28, Brian S. Sokoloff requested additional time for Delaware County and DuMond to answer or otherwise respond.

On January 30, the court granted an extension through February 13, 2026.

Further extensions followed, and on February 17 the court extended the deadline for multiple defendants to February 20.

The County ultimately filed its answer on February 20, 2026, Docket No. 24.

The docket records extensions granted by the court. It does not show an entered default judgment against the County.

12. DuMond's motion to dismiss and stipulated dismissal

This is a particularly important procedural episode.

On February 20, 2026, Sheriff Craig S. DuMond filed Docket No. 26, a motion to dismiss for failure to state a claim under Rule 12(b)(6).

The motion was supported by a memorandum of law.

The docket originally set March 13, 2026 as the response deadline and March 20 as the reply deadline.

However, before that motion was adjudicated:

• March 10, 2026 — Dkt. 30: Plaintiff submitted a stipulation dismissing DuMond only.
• March 17, 2026 — Dkt. 31: Judge Nardacci signed the stipulation and order dismissing DuMond.

The docket identifies the dismissal as applying solely to DuMond. The other defendants, including Delaware County, remained in the litigation.

The docket does not disclose the terms of any negotiations leading to DuMond's dismissal, or whether any consideration was exchanged. Nor does it contain a judicial determination of the allegations against him.

13. Crossclaims among defendants

On February 20, 2026, Corporal Joanne Yager filed an answer asserting crossclaims against Rosemary Balcom, Bethany Brinkerhoff, Ira Fyfe, and Gregg Kujawski.

On March 2, Yager filed an amended answer.

At the April 24 Rule 16 conference, her counsel advised the court that the crossclaims were no longer being pursued.

The docket's party listing also records termination of the crossclaim parties as of March 2.

The precise allegations and grounds for withdrawal require examination of Yager's original and amended answers, Docket Nos. 27 and 29.

14. Discovery and mandatory mediation

On April 24, 2026, Magistrate Judge Katz held a Rule 16 initial conference.

The court recorded that the parties had exchanged mandatory disclosures, with certain defendants still completing theirs.

The court also referred the case to mandatory mediation.

The scheduling order established the following deadlines:

Event	Deadline
Plaintiff's expert disclosures	January 29, 2027
Defendants' expert disclosures	March 15, 2027
Rebuttal expert disclosures	March 31, 2027
Discovery cutoff	April 30, 2027
Non-dispositive motions	May 28, 2027
Dispositive motions	July 30, 2027
Mandatory mediation completion	February 26, 2027

The court estimated a trial lasting five to eight days, with Albany identified as the preferred trial location.

On June 17, the parties selected Daniel Cavarello as mediator. The court approved that selection on June 18.

No mediation outcome appears in the supplied docket.

15. Defense counsel and representation expenses

The docket identifies multiple law firms representing the County and individual defendants.

Law firm	Attorneys identified	Representation
Sokoloff Stern LLP	Brian S. Sokoloff	Delaware County; formerly DuMond
Hancock Estabrook LLP	Frank W. Miller	Delaware County, appearance October 5, 2026
Burke, Scolamiero Law Firm	Judith B. Aumand; Kevin P. Burke	Several medical defendants
O'Connor, O'Connor, Bresee & First	Aaron M. DePaolo; Emily Phillips	Ira Fyfe
Cook, Kurtz & Murphy, P.C.	Michael T. Cook	Joanne Yager
Hacker Murphy LLP	James C. Knox; Alishah E. Bhimani	Plaintiff

The PACER docket establishes Frank W. Miller's appearance as additional counsel for Delaware County on October 5, 2026, Docket No. 43.

It does not identify the source of payment for each defendant's representation, the insurance arrangements, or the amounts billed.

Those are important subjects for our County legal-expenditure investigation.

16. The significance of the earlier incidents

The Monell claim is broader than Oliver's individual death.

The complaint describes alleged misconduct involving four other inmates between 2022 and 2023 and attributes systemic responsibility to County policymakers.

The pleaded theory is that the County had notice of inadequate medical treatment, especially for inmates experiencing opioid withdrawal, and failed to correct its policies and practices.

The complaint specifically alleges:

• Inadequate supervision of medical providers.
• Failure to recognize and treat dehydration and withdrawal emergencies.
• Failure to provide appropriate hospital transfers.
• Deficient training of correctional personnel.
• Improper medical documentation and alleged concealment of complaints.
• Failure to investigate or correct previously reported problems.

The pleading thus seeks to establish municipal liability through a pattern of conduct, inadequate training and supervision, and deliberate indifference.

And - what is interesting for me personally, NOW I understand why the County and its decades-long litigation counsel Frank Miller were going against me as a ton of bricks with frivolous applications for sanctions and anti-filing injunctions, since about the time this lawsuit was filed.

I am a material witness in this case.

When I practiced law as an attorney, after my involvement as an intern in Prisoners Legal Services of New York for nearly 3 years during law school and handling medical neglect issues there, I was ardent in pursuing medical neglect in Delaware County Jail, Otsego County Jail and Chenango County Jail.

I provided these services to inmates for free, including sometimes free visits to jail to evaluate them visually when they reported physical trauma with no medical help.  I have seen a lot.  I know a lot.  I can testify about a lot.  Delaware County knows it.

It is not the first time when Delaware County tried to discredit my clients or myself or my family members in a potential or ongoing litigation.  I can testify about that pattern to the federal jury in the Conley litigation, too.  I will most definitely report myself as such a witness to the plaintiff's counsel in this case.

And - of course, I will be raising issues of first amendment retaliation against the County now that I realized what exactly the County was doing and why.