N.J. man wrongly detained when pharmacist suspected he had Ebola, lawsuit claims

http://www.nj.com/warren/index.ssf/2015/10/man_wrongly_detained_when_pharmacist_suspected_he.html

A Hackettstown resident who emigrated from the Ivory Coast is suing a local pharmacy, hospital and emergency services after he alleges his civil rights were violated over Ebola suspicions.

A lawsuit filed this month in New Jersey Superior Court in Belvidere seeks damages for false imprisonment, assault and discrimination after the 43-year-old man allegedly was subjected to hours of invasive medical tests without his consent.

Named as defendants are Rite Aid, the Warren County Health Department and sheriff’s office, the Hackettstown First Aid & Rescue Squad, town police and Hackettstown Regional Medical Center.

The plaintiff, Ouattara Sana, came to the U.S. in May 2014 seeking political asylum from persecution in his West African homeland, the lawsuit says.

Last October, Sana went to the Rite Aid pharmacy on Mountain Avenue in Hackettstown to consult with a staffer about a diarrhea problem, the suit says. The worker, who is not identified by name in the filing, allegedly told him it was an effect of medication, then asked where Sana was from and if he had a fever.

Diarrhea and fever are two symptoms of Ebola, according to the Centers for Disease Control and Prevention. At the time, there was an outbreak of the rare but deadly virus in West Africa, affecting thousands in nations adjacent to the Ivory Coast.

Sana said he had not been ill in the five months he had lived in the U.S. and left the store, the lawsuit says. The worker beckoned him back inside — Sana thought he had found medication to help with his diarrhea, the suit says.

The worker allegedly took Sana’s temperature several times and kept him in the pharmacy while law enforcement and health officials were called. He was taken to Hackettstown Regional Medical Center, where he was kept for seven hours, the lawsuit says.

The lawsuit alleges Sana’s detention was the result of discrimination based on his race and nationality, and the defendants’ lack of proper training. In addition to unspecified damages, the suit asks the court to make them establish policies to prevent similar actions from happening.

Sana is represented by Flemington-based attorney William J. Courtney.

The agencies named as defendants either declined comment or did not return calls.

Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.

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