When a Maine Jail Fails Its Most Basic Duty, Wrongful Death Liability Becomes Clear

Fighting for justice after a preventable jail death

When a person is taken into custody in Maine, the jail assumes responsibility for their safety, their medical needs, and their basic human dignity. That duty does not disappear because someone struggles with addiction, has health issues, or is awaiting court. It is a non-negotiable obligation. And when a jail chooses not to uphold that obligation, the consequences can be fatal.

In Maine, Romanow Law Group is handling the wrongful death lawsuit on behalf of the family of Bridgett Toulan, who died inside the Cumberland County Jail in April 2024. What happened to her is not a mystery. It is not speculation. It is the result of decisions made inside that jail, decisions that never should have been made, and decisions that cost her life.

What happened to Bridgett Toulan inside the Cumberland County Jail?

Based on records, internal documents, and video obtained during the investigation, Bridgett Toulan entered the Cumberland County Jail exhibiting clear medical risks. She informed staff she had recently been hospitalized for liver disease. Intake screening identified withdrawal concerns. Jail policy required that she be placed in detox housing and monitored at 15-minute intervals.

That policy was ignored.

Instead of receiving medical oversight, she was placed in a cell with minimal supervision. For more than nine hours, correctional officers and contracted medical staff ignored her, failed to perform proper checks, and failed to provide the medical attention required by their own procedures.

She died in her cell. No one noticed until it was too late.

This was not an unforeseeable medical event. It was a preventable death caused by a breakdown in responsibility, training, supervision, and human care. When the government takes someone into custody, the government must protect them. Here, it did not.

Why this case matters for Maine families

Bridgett Toulan’s death is not an isolated tragedy. Families across Maine have faced similar losses in county jails in recent years. What makes these cases so devastating is that they occur behind locked doors, under the state's exclusive control and that of its contractors. A person in custody cannot call 911. They cannot seek their own doctor. They cannot step outside if they feel faint, confused, or ill.

When jail staff ignore warning signs, skip required checks, or treat medical risks like inconveniences, the results are catastrophic. The Toulan family’s lawsuit seeks accountability not only for Bridgett, but also to ensure that no other family receives a phone call that their loved one died in Maine’s care because no one bothered to check on them.

Wrongful death liability in Maine: How the law works

Maine law recognizes that when a death is caused by negligence, wrongful acts, or the failure to act, the surviving family has the right to pursue compensation. A wrongful death claim is brought by the personal representative of the estate and seeks to hold the responsible parties financially and legally accountable.

Compensation in a Maine wrongful death case can include:

• Pecuniary losses such as lost financial support
• Medical expenses related to the final illness or injury
• Funeral and burial expenses
• Loss of comfort, society, and companionship
• Punitive damages in cases of particularly egregious misconduct

In cases involving jails, multiple layers of liability may apply. That includes the county, the sheriff’s office, individual correctional officers, contracted medical providers, and, in some circumstances, state agencies involved in oversight or recordkeeping.

When the state or county is the defendant, the rules change

Families are often surprised to learn that claims against Maine government entities, including jails, are governed by a different legal framework. The Maine Tort Claims Act limits and shapes how wrongful death cases can proceed when the government is involved.

A few important differences include:

• Shorter deadlines: Claims against government entities typically require notice within a specific time frame. Missing that window can bar the claim entirely.
• Liability caps: Maine places financial caps on damages recoverable from government bodies in certain types of cases.
• Immunity issues: Some governmental functions are immune from suit. Others are not. Identifying which category a jail-related death falls into requires close, strategic analysis.
• Federal civil rights claims: When a death results from deliberate disregard for a person’s medical needs, constitutional claims may apply. These cases often proceed in federal court, where the legal standards differ from ordinary negligence claims.

In the Toulan case, the failures at the Cumberland County Jail raise not only wrongful death issues under Maine law but also constitutional concerns about the treatment of individuals in state custody.

Accountability requires more than filing a complaint

Wrongful death cases involving jails are complex because the evidence is in the hands of the very institutions whose conduct is being challenged. Access to surveillance video, incident logs, medical records, staffing schedules, and internal reports can determine whether the full truth is revealed.

In this case, obtaining those records has not been simple. Some agencies delayed or withheld information. Others provided heavily redacted documents. The family has had to fight for basic facts surrounding Bridgett Toulan’s final hours.

When a loved one dies in custody, accountability depends on uncovering what actually happened – not on accepting the first explanation offered, and certainly not on trusting that all relevant information will be voluntarily shared.

Moving Maine forward by demanding accountability

Every wrongful death case is a line in the sand. It says Maine must do better. It says policies mean nothing if they are not followed. And it says families should not be forced to fight for basic answers when a loved one dies because someone chose not to do their job.

If someone you love died due to negligence, it is worth finding out whether a wrongful death claim should be filed. The sooner a family gets real legal guidance, the sooner the right steps can be taken to protect evidence, preserve timelines, and push back when institutions close ranks.

Romanow Law Group offers free consultations and is available 24/7. If you need answers and you need accountability, contact us for a free case review.

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