Inmate Who Shot His Jaw Off Wants State to Pay for Surgery

Oregon has refused, though prisoners have a constitutional right to care

Inmate Monte Calloway is suing Oregon's state corrections department to have them pay $45,000 for facial reconstructive surgery while he's in jail.

But the Oregon corrections department has turned down Calloway's request, because they say his surgery is cosmetic, not medically necessary.

Calloway shot off the lower part of his face in a failed suicide attempt, after shooting and injuring a bartender he believed to be sleeping with his wife.

That assault that landed him a seven-year jail term, before which Calloway had his jaw rebuilt with bone from his leg. However, the jail sentence interrupted his surgery, and he still has no teeth and a mouth so small that he can't use silverware or eat solid food.

Calloway's case for surgery is based on the constitutional right of US prison inmates to receive the same medical care in jail as in the outside world - a system that costs taxpayers $100 million a year in Oregon. He says that the surgery is essential for him to have basic nutrition, and to make him employable as a concrete contractor once his jail term ends. He's already been placed under medical observation while in jail because of suspected malnutrition.

Via the New York Daily News and The Oregonian.

Should Oregon pay for this inmate's reconstructive surgery?

[Fishbone345]

Some of the most horrible things I've seen, that can't be unseen or forgotten, is gunshot wounds to the face. Its truly the stuff of nightmares.

[Laradian]

The NRA should happy to cover the bill for his surgery. Here's their number: 1-800-DUM-ASSS

[Fishbone345]

@Laradian Why did you reply to me? You could have said this in the main section for comments.

[Laradian]

@Fishbone345
Ohh my bad. Just ignore it.

[Fishbone345]

@Laradian No worries.:) I was just curious as to the reply being as my comment wasn't really political. More of an observation really.
I advise never seeing the stuff, its truly horrific.

[Laradian]

@Fishbone345
I agree. I have never been comfortable at the sight of flesh mangled by accident be it gunshot, car wreck, animal attack or otherwise. I even found this man's face hard to behold even though it has healed.

[CanisCanemEdit]

I suppose that once Obamacare is enacted then this Inmate will be able to get his surgery to repair his self inflicted injury.

Of course, that is supposition.

[Sonny]

If he has purchased healthcare insurance that covers such situations then maybe he will...But that is NOT a detail of the Affordable Care Act...That is a function of ---and has to do with---what ever type of insurance coverage this guy may have. I knew someone would drag Obama into this some kind of way.

[David944]

@Sonny That’s not fair people with more money will get better care.

[Fishbone345]

@Sonny Actually, prisoners are considered to be Wards of the State. Which means every asset of their healthcare falls to the States responsibility. Each is fully covered.
They are actually some of our best paying patients, you know you will get reimbursed for their care.

[Sonny]

@Fishbone345 Yes, but not "cosmetic surgey". Matters that relate to the health and life of the inmate, yes. But as bad as his face looks--he will not die from his disfguration.

[Fishbone345]

@Sonny My point was that their healthcare isn't covered by themselves. Just like with HMO's, the state gets to approve or disprove what the patient can have or not have.

[Sonny]

I don't see that he has any such claim from the state. His self inflicted wound has been medically treated. And his life has been spared. But his disfiguration was a result of his own doing, and that in & of its self is not life threatening in anyway. When he goes out of prison (if he gets out of prison) he can pay for his own plastic surgery. And before anybody tries to blame Pres. Obama for this...No Obama is NOT handing out free plastic surgery vouchers.

[CATTLEPROD]

I feel bad for the dude, but why not? Nobody pays for anything in this country anymore, not supposed to anyway. Why isnt there a government program already in place for this sort of thing?

[Fishbone345]

"Why isnt there a government program already in place for this sort of thing?"
There is. It's called "going to prison". When you go there, you are considered a Ward of the State. They become responsible for your care and upkeep.

[bdublu]

why should the government have to set up a program? the government isn't here to take care of you. it's called personal responsibility. this country would be a Heck of a lot better off if more people had it!

[MBernard]

Ok, I love my wife to death right but I am a certain way growing up. I find it easier to start new beginnings than preventing other things from ending. If a guy is sleeping w. your wife, walk away, divorce her. Get another. Why lose you freedom and your face over somebody who has disrespected you in that manner.

[David944]

It’s hard to tell what he looked like before and his wife might be really hot.

[MBernard]

@David944 where I am at, I am pretty sure there tons of other hot women where he's at

[MBernard]

Countless beautiful women where I am living. I'd rather get another one than to go down his path.

[Thegrif]

I had a friend 15 years ago that was a police officer, he stopped by his house one night while on duty, and caught his wife in bed with another man and shot himself. I was floored, why would a person kill anybody over that, let a lone yourself? I would say excuse me ,I don't mean to interrupt but I got to grab a few things, grab a couple of things and be gone like the wind.
I would get back out there and rangle me up another one.

[DARSB]

He has a constitutional right to care. The argument is over medical necessity, and if he's been placed on malnutrition watch that speaks to medical need.

Of course, he could consent to a PEG tube that would allow nutritional fluids to be pumped directly to his stomach, but that would likely cost twice as much per year as finishing the reconstruction surgeries.

I think he'll probably win his claim.

[FollowTheMoney]

He could mash his food up and eat with his hands. I wonder how he's been feeding him self this far.

[Fishbone345]

Isn't consent a forgone conclusion when you are a Ward of the State as Prisoners are considered?

[Dan_Tien]

He could drink milkshakes through a straw. My babies had smaller mouths than him, and they didn't suffer malnutrition. I would guess that his malnutrition is self inflicted just like his wound, just to make his case stronger.

[marine1]

there you go, being right again.

[bsking]

and yet if he wanted them to cut his penis off and give him hormone therapy that would probably be accepted....

[mimi57]

No doubt, didn't you know that being trans gendered is a medical condition?! Every deviant behavior will be
considered some kind of "disease"...only to be taken care of by the tax payers.

[Starsplash]

The guy should of aimed better if he wanted to commit suicide.

To bad jerkoff. Better deal with the fact that you screwed ur own face up. Obamacare doesn't cover stupidity.

[mimi57]

Oh, yes it does, just watch!!!

[FollowTheMoney]

Hell no! He shouldn't have shot him self.

[InjusticeSucks]

Oh well.......Self inflicted pain and misery should be enjoyed for a lifetime i say ok we fix you in 35 years takes time to assemble a proper Staff of Surgons.

[seedtick]

We owe prisoners lifesaving healthcare...the other stuff can wait until they get out and pay for it themselves.

[st-louie12]

You know I feel sorry for the guy but he caused the injury. He done it to himself. No one else is to blame. Even if his wife was playing around on Him, that is no cause for trying to take another's life. I say let Him do his time, get out, find work and get the operation on His own. Let him eat through a straw. There are Poeple that will go to extremes today for medical care. They will commit crimes in order to do time so the State/Feds will pay for it. Our prisons are turning into geriatric wards anyway with so many aging Felons. The prison system should only supply and the taxpayer should only have to bare the burden of what is concedered essential to an inmate. IE: cloths, meals, bed, a roof, and reasonable medical care. Now if an injury happens while incarcerated, then I can see the State would be responsable. Until then, to this Man's problem, NO.

[Lpguy]

They should not pay. This is as rediculous as the sex change requests. This guy needs to pay for his own jaw, not get a handout jaw

[wangotango]

Not no... but hell no...to bad so sad he can wait till he's a free man to get it done...

[GalaxyClowns]

A very good example of DownUpside avoiding the obvious..He's the one who pays with a ruined face - his mate paying time for the crime - and the state for putting these two together in a space with access to a gun .. as danes say at times
"How hard can calculation get when u have a calculater?"

[blue_yahoo]

Only to the extent that he can open his mouth wide enough to use utensils. That is a basic function and the malnutrition would confirm this.

[Dan_Tien]

He should pay for the plastic surgury to repair his self-inflicted wound. If the state pays for his, then they will have to pay for every self-inflicted wound that convicts inflict on themselves. Don't like your nose? Slice your nostrils! Get a free nose job paid for by the state.

[bsking]

one would think a hideous appearance , especially in the mouth area would be a huge advantage in the environment that gave us the "pants falling down " look that is so popular in the urban community.

[RobertJHarsh]

Well, I would have to go with yes because he was jailed before he could get fixed. The state could be liable for medical issues if he dies in there. On the other hand, I think kicking him OUT of jail would be a worse punishment.

[CommonSense]

There is a constitutional right to care but there is no constitutional right to have the state pay for it.
They should just make him pay for it. Pay for it for him for now, but then make him pay it back through extra labour and/or if he's ever getting out make him pay it back when he gets a job.
And make him pay interest.