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Federal judge orders hearing into Mule Creek inmate death
By modbee.com - Sam Stanton and Denny Walsh
Published: 01/23/2014

A federal judge in Sacramento on Wednesday ordered a hearing in the case of a mentally ill inmate who died after being pepper-sprayed inside his cell at the Mule Creek State Prison in Ione, and directed California prison officials to ensure that none of the documents concerning the death are destroyed.

The order by U.S. District Judge Lawrence K. Karlton follows a Sacramento Bee report this week that raised questions about the circumstances that led to the death of 35-year-old Joseph Duran.

Duran, who breathed through a tube in his throat, died Sept. 7, seven hours after he was doused in the face with pepper spray. Agitated and coated in spray, Duran yanked out his breathing tube and began coughing up blood and stuffing food into the hole in his throat, according to internal corrections department documents obtained by The Bee. In the hours that followed, guards left him alone in his cell, rejecting orders from medical officials that Duran be extracted, decontaminated of the pepper spray and have his breathing tube reinserted.

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