Family members filed a lawsuit Friday regarding a man who reportedly died in Boulder County Jail in November 2022 despite his numerous requests for medical care.

Avery Borkovec, 22, died from staph bacteremia, endocarditis and sepsis, “easily treatable conditions that would not have killed him had defendants provided proper and timely medical attention and treatment,” according to the lawsuit.

The lawsuit was filed by Avery Borkovec’s uncle, Chris Borkovec, and his brother Dylan Bolt. Defendants include the city and county of Broomfield, Turn Key Health Clinics LLC, Boulder County Sheriff Curtis Johnson and a number of healthcare workers, according to court documents.

“In this case, there were multiple failures by various parties who were responsible for Avery’s well-being. What happened to him is utterly unacceptable,” said Chris Borkovec. “Avery was a young man who deserved to be treated with care and concern. It is my hope this matter leads to change and higher standards so another family does not have to experience this.”

Johnson acknowledged the lawsuit and provided a statement about Borkovec’s death in a written response.

“On Nov. 3, 2022, Mr. Borkovec was at the Boulder County Jail, when he experienced breathing difficulties and lost consciousness. Deputies and jail medical staff immediately responded and began lifesaving measures before American Medical Response and Boulder Fire-Rescue arrived and transported him to the hospital,” Johnson said.

“Despite the dedicated efforts of responders, Mr. Borkovec died. An autopsy later determined the cause of death was sepsis due to a bacterial infection, with significant contributing conditions of cardiovascular disease and chronic substance abuse,” Johnson said.

Before his death, Avery Borkovec was arrested for trespassing and previous failure to appear warrants in September 2022 and was held at the Broomfield Detention Center for a week, where a private correctional health care company, Turn Key Health Clinics LLC provides medical care, according to a release from Holland, Holland Edwards and Grossman LLC, the legal representatives for Borkovec’s estate.

Medical staff observed that his white blood cell count was extremely elevated and that he had staph bacteria in his blood, according to the complaint.

Despite these observations, Broomfield doctors and nurses “chose not to send him to the hospital or to start him on antibiotics”, the complaint reads, and “then when he was transferred out of the Broomfield Detention Center, medical staff did not inform Boulder County Jail.”

The lawsuit also notes that Borkovec reported “a deeply concerning constellation of symptoms on a nearly daily basis” at the Boulder County Jail, and that nurses did not monitor his vital signs or obtain a higher level evaluation.

Throughout the month he was in Boulder, health workers took Borkovec vital signs three times, according to the lawsuit. The only time any healthcare worker collected a complete set of vital signs was on Oct. 7, 2022, during his intake screening, the lawsuit says.

“Avery Borkovec died a harrowing, gruesome and painful death on the floor of the Boulder County Jail surrounded by his own blood and vomit as a result of deliberate indifference to his known serious medical needs by the defendants,” the lawsuit reads.

On Oct. 27, 2022, Borkovec called his great grandmother and told her that he had been transferred out of the inmate worker pod because he was too sick to work.

That night, Borkovec complained that he was still sick and had a persistent cough that was keeping him up at night.

When Borkovec’s vital signs were taken, nurses noted that he had an oxygen saturation of 93% and that his pulse was elevated at 137 bpm.

On the day of his death, while waiting for medical personnel to arrive, deputies repeatedly accused Borkovec of causing his “own emergent situation by taking drugs,” according to the lawuit. When medical staff arrived, they adminstered him with four doses of Narcan.

Johnson further stated that the sheriff’s office values the safety and well-being of people in custody.

“The Sheriff’s Office will review and take any legal allegations seriously and respond in any timeframe determined by the court,” Johnson said.