Clayton County Jail nurse says she was arrested for giving inmate Benadryl

“This was an unjust and baseless prosecution stemming from warrants that never should have been issued,” Cotney’s attorney, Mark Begnaud, said in an emailed statement. “Jessica Cotney is a dedicated nurse who was simply following standard procedure, yet her life was needlessly disrupted by these false charges. She deserves justice.”

The sheriff’s office did not immediately respond to a request for comment on the lawsuit Wednesday.

The allegations in the lawsuit are the latest issues for the Clayton jail and sheriff’s office. In recent weeks, the department has been blamed for mistakenly releasing a convicted killer who was at large for weeks before he was caught. Last week, a jailer was arrested and fired for allegedly punching an inmate. Over the weekend, another inmate was able to escape from a hospital before being captured.

In recent years, multiple jailers and contractors have been accused of smuggling in contraband and other crimes, according to the sheriff’s office.

Cotney’s lawsuit says that Benadryl, an over-the-counter medication, can be given to inmates without a doctor’s order. Cotney gave the medicine to another nurse, who gave it to the inmate, according to the suit.

“It is commonly known at the Clayton County Jail that nurses may administer these over-the-counter medications under the standing order,” Cotney said in the suit. “It is also common practice at jails and prisons in Georgia that nurses may administer over-the-counter medications like Tylenol and Benadryl under a nursing protocol or standing order.”

But Albert charged Cotney anyway, she said. She then received a phone call from a lieutenant asking her to return to the sheriff’s office at 2 a.m., but Cotney said she was a single mother of a 4-year-old and could not leave the child alone.

When she declined to be interviewed at 2 a.m., the investigator added the obstruction charge, according to the suit.

“In America, a person cannot be arrested simply for declining to come to a police station for an interview,” Cotney said in the suit.

Cotney is requesting a trial and unspecified damages. She is no longer employed at the jail, her attorney said.

“Jessica’s arrest was covered in the news, and the criminal prosecution cast a shadow over her life,” she said in the suit. “Jessica also suffered general damages, including emotional distress, humiliation, and reputational harm.”