COEUR D'ALENE, Idaho – A child killer who lost his legs in a suicide attempt is suing the state prison system for $1 million after being denied artificial legs in prison, saying he was promised prosthetics in plea negotiations.
According to the case filed recently in U.S. District Court, Barry L. McAdoo, 32, of Coeur d'Alene, is experiencing muscle degeneration and may never walk again if he remains confined to a wheelchair.
Named as defendants are the Idaho Department of Correction and Correctional Medical Services, a contractor that whether a procedure or device is medically necessary.
The state agency received the lawsuit Monday and was investigating, spokesman Jeff Ray said.
"We don't have any comment on Mr. McAdoo's claims at this time," Ray said Tuesday.
Included in the lawsuit were numerous requests by McAdoo for artificial legs and a grievance with the state agency over the denial of artificial legs, all rejected by state prison officials.
McAdoo, convicted of beating his 15-month-old son Brandon to death, is serving 15 years to life at the Idaho State Correctional Institution in Boise.
He told authorities that when the little boy stopped breathing on Jan. 14, 2005, he downed 50 sleeping pills and rat poison, left the trailer where he lived with his pregnant wife, Angela Cowles, and wandered outdoors in freezing weather for three days before he sought help.
McAdoo was taken to Sacred Heart Medical Center in Spokane, Wash., where both legs had to be amputated because of frostbite.
McAdoo was given no promise the state would provide him prosthetics, Kootenai County Deputy Public Defender Lynn Nelson said, nor does the plea agreement signed by McAdoo, Nelson and Deputy Prosecutor Marty M. Raap mention the issue.
When McAdoo pleaded guilty to second-degree murder, 1st District Judge Charles W. Hosack asked whether he had been promised anything other than what was included in the plea agreement and McAdoo said he had not.
Nonetheless, Nelson asserted that McAdoo is entitled to prosthetics and has legal precedent on his side.