Lawsuit claims drug killed DUI probationer
By Kim Smith
ARIZONA DAILY STAR

The family of a Tucson man who died while on probation has sued the state and the Pima County probation department, saying a court-ordered drug killed him.

According to court documents, Scott Paul Cody, 34, was placed on probation in May 2005 for driving under the influence of alcohol and drugs and attempting to flee from a law-enforcement officer.

The lawsuit says as part of his probation, Cody was ordered to go to Patrick J. Marsh so the doctor of osteopathic medicine could determine if Cody could take Antabuse, a drug that makes people who drink alcohol ill.

The lawsuit alleges Marsh did not examine Cody or perform any tests on his liver, and the Probation Department put Cody on Antabuse without making any effort to get any test results from Marsh.

That led to Cody, a construction worker, sustaining “irreversible and catastrophic liver damage,” leading to his death in October 2005, the lawsuit says.

Marsh was not available for comment Wednesday. Pima County risk manager David Parker referred calls to the Arizona Attorney General’s Office. Attorney General Office spokeswoman Andrea Esquer declined to comment on the lawsuit.

Attorney Gregory Patton is seeking unspecified punitive and compensatory damages for Cody’s wife, Cheyenne Cody, 30, and their three children, Cherokee, 13, Kaylee, 11, and Krystal, 9.

According to court documents, Cody was arrested on New Year’s Day 2004 after he failed to stop for a sheriff’s deputy for several blocks.

Courts should not prescribe medical treatment, analyze body fluids or recommend psychiatric or psychological treatment without the supervision of qualified medical professionals.  This case simply illustrates how some courts cross the line.

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