Mom sues after son dies in Pelham jail - WALB.com, Albany News, Weather, Sports

The death of 17-year-old Fabian Avery III last March sent shockwaves through the Pelham Jail and the Avery family, who we're told are still grieving.

Avery was transferred to Pelham due to overcrowding at the Fulton County Jail in February of last year on armed robbery charges.

He died a month later of appendicitis and a bowel obstruction.

"Had the jail afforded him his constitutional rights to adequate and basic medical care, had the jail simply send him to the local hospital, yes he would still be with us today," said attorney Jay Hirsch.

Now Avery's mother, Sandrini Scott, is suing the city of Pelham for wrongful death.

We caught up with her lawyer via telephone. He says the jail didn't act on Avery's complaints of abdominal pain prior to his death.

"The evidence, I believe, will demonstrate the jail personnel, the supervisors and the medical people involved were actually deliberately indifferent to Avery's serious medical needs," said Hirsch.

We also spoke with Pelham's city attorney Philip Savrin. He claims jail personnel took proper steps in caring for Avery before his death.

"From a legal stand point, there's 2 questions that need to be answered. One is did they get him medical care and the other is did they follow the instructions of the doctor and the answer to both of those questions is going to be yes," said Savrin.

Avery's family and lawyer isn't buying that story and say they will fight for the truth.

"Well I expect to hold the persons accountable for denying Fabian Constitutional rights and ultimately being held responsible for his wrongful death," said Hirsch.

Although it won't bring her son back, Avery's mother hopes this lawsuit will bring closure in her life.

City attorney Philip Savrin told The Atlanta Journal-Constitution that the jail staff would have provided more medication if there had been any indication Avery needed it.