Philadelphia — In a federal civil rights lawsuit filed last week, the family of Jonathan Lau alleges that Philadelphia police officers and a contracted healthcare worker allowed Lau, 42, to die from opioid withdrawal in a holding cell without ever charging him with a crime. The suit, filed Nov. 27 in the U.S. District Court for the Eastern District of Pennsylvania, names the city of Philadelphia, its police department, a dozen police officers, a nurse, and the healthcare company Yescare as defendants.
According to the court filings, Lau, who was homeless and suffering from heroin withdrawal, was taken into custody on suspicion of theft in September 2022. Officers apprehended him on the 100 block of Race Street, stating that he matched the description of an individual who had stolen from the Philadelphia Vietnam Veterans Memorial. Although he was wanted on a bench warrant in York County for failing to report for probation, he was never formally charged with any new offense by Philadelphia authorities. Instead, the lawsuit contends that Lau remained detained at the police headquarters detention unit on North Broad Street for more than 48 hours, during which he exhibited clear signs of medical distress.
Despite repeated pleas and evident symptoms—vomiting, physical discomfort, and difficulty standing—no meaningful medical intervention was provided, the suit alleges. A nurse employed by Yescare recommended transporting Lau to a hospital after observing his deteriorating condition, according to the complaint, but that action never took place. Hours later, he was found unresponsive in his cell and was pronounced dead.
Brian Zeiger, one of the attorneys representing Lau’s family, said the police department’s policies for assessing and responding to detainees’ medical needs were profoundly inadequate. “They basically let him fester,” Zeiger said. The Philadelphia Police Department declined to comment, citing the pending litigation. City officials likewise offered no statement, and Yescare could not be immediately reached for comment.
Legal scholars familiar with detainee rights say the lawsuit raises serious questions about the constitutional obligations owed to individuals in police custody. “Under both the Eighth and Fourteenth Amendments, government actors, including law enforcement officers and contracted medical personnel, have a duty to provide adequate medical care to individuals in custody,” said a law professor who specializes in Pennsylvania criminal justice and prisoner rights, citing Estelle v. Gamble, 429 U.S. 97 (1976), in which the U.S. Supreme Court held that deliberate indifference to the serious medical needs of prisoners constitutes cruel and unusual punishment. For pretrial detainees—like Lau—these protections generally flow from the Fourteenth Amendment, and the standard has been further clarified in subsequent decisions such as Kingsley v. Hendrickson, 576 U.S. 389 (2015).
In Pennsylvania’s federal courts, claims of this nature often hinge on whether the involved officers or medical staff acted with “deliberate indifference” to a known risk of serious harm. The U.S. Court of Appeals for the Third Circuit, which has jurisdiction over Pennsylvania, has repeatedly affirmed that a detainee’s constitutional rights are violated when officials ignore significant medical needs or fail to respond to requests for medical help in a timely manner. For example, in Natale v. Camden County Correctional Facility, 318 F.3d 575 (3d Cir. 2003), the court found that the systemic failure of jail medical staff to attend to a detainee’s insulin needs could amount to deliberate indifference. A similar principle could apply to opioid withdrawal, which is widely recognized as a serious and potentially life-threatening medical condition if untreated.
Past Pennsylvania litigation also underscores the obligation of municipal defendants to properly train and supervise officers who handle detainees. In Monell v. Department of Social Services, 436 U.S. 658 (1978), the U.S. Supreme Court held that local governments can be held liable under 42 U.S.C. § 1983 if their policies, customs, or failure to train employees cause constitutional violations. The Lau family’s complaint appears to track these principles by alleging that the City of Philadelphia’s policies and procedures were so deficient that they directly led to Lau’s death. Recent cases in Pennsylvania have suggested that courts may look closely at the adequacy of medical screening protocols in detention units, as well as the training officers receive in identifying and responding to withdrawal symptoms.
While Lau’s family seeks accountability through the federal courts, the broader implications for law enforcement agencies throughout Pennsylvania—and beyond—are significant. As the opioid crisis continues to place vulnerable individuals into contact with the criminal justice system, legal experts anticipate increased scrutiny of how detainees experiencing withdrawal are cared for while in police custody. The outcome of the Lau case could inform not only settlement agreements or judicial findings in Philadelphia, but also influence how other municipalities in the state structure their policies to prevent future tragedies.
