The parents of a 32-year-old Crystal man who died in the Hennepin County workhouse last fall have filed a wrongful death suit in federal court.

Jeff Berg was found dead in his workhouse cell of a drug overdose on Nov. 11, 2007.

His parents, Judy and John Berg, filed a lawsuit against the county Monday, Nov. 17, in U.S. District Court in Minneapolis alleging several counts of negligence against the county.

The litigation claims workhouse and other county employees knew of Jeff Berg's drug use but denied him treatment.

It also claims drugs were smuggled into the workhouse and alleges a delay before 911 was called when employees found Berg unresponsive in his cell.

The litigation seeks at least $75,000 in damages.

Beau McGraw, attorney for the Bergs, said the family is "looking for answers."

"[Jeff Berg] went in for a drug conviction. ... He was taken away from the people in society that normally would protect him," McGraw said. "You have to expect, if you're a member of the public, that the county is going to protect this individual from hazards that might end their life, and that didn't happen here."

Hennepin County spokeswoman Carol Allis said the county does not comment on an incident once a lawsuit has been filed.

Berg was convicted of felony drug possession and sentenced in March 2007 to one year in the workhouse.

He reported to the workhouse on June 1, 2007, but his work release privileges were suspended and he was locked up after testing positive for cocaine, the lawsuit stated.

The litigation alleges several other incidents involving drugs at the workhouse before his death, including a positive test for marijuana in September 2007.

"Jeffery was often able to obtain drugs from inmates who had work release," the lawsuit stated. "Those inmates were able to obtain drugs while they were out on work release and then smuggle them into the workhouse due to improper and lax security measures employed by the Hennepin County sheriff."

Because he had been staying with his mother in Anoka County before his incarceration, Hennepin County officials denied Berg drug treatment on the basis he wasn't a county resident, the lawsuit stated.

However, his driver's license lists him as living at 4500 Welcome Ave. N. in Crystal, according to the lawsuit. Berg and his mother repeatedly told county officials he had been staying at his mother's house in Ramsey "only for a very short time" while he recuperated from injuries suffered in a car accident in late 2006, the lawsuit stated.

"Despite these continual requests for treatment, [Berg] was denied such treatment," McGraw said.

On Nov. 11, 2007, a corrections officer found Berg lying face down in his bunk while making a routine cell check.

That was at about 9:30 p.m, according to the lawsuit.

Nearly an hour later, the corrections officer noticed Berg in the same position and tried to wake him by calling his name, the lawsuit stated.

He got no response, and called for another corrections officer at about 10:23 p.m., the lawsuit stated.

A supervisor was called at 10:30 p.m., who instructed the corrections officer to open the cell door. They found Berg not breathing and tried to resuscitate him, calling paramedics at 10:34 p.m., the lawsuit stated.

The paramedics arrived at 10:40 p.m. and Berg was pronounced dead a short time later, according to the litigation.

"We believe that once [officers] had sufficient knowledge he had taken a dangerous amount of drugs, that they responded in a way that was inconsistent with reasonable care," McGraw said.

Tom Merkel, director of Hennepin County Community Corrections, told the Star Tribune in an interview last January that county officials looked into possible breaches of procedure and determined employees did nothing wrong.

He said no one was disciplined in the incident.

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"Jeffery was often able to obtain drugs from inmates who had work release," the lawsuit stated. "Those inmates were able to obtain drugs while they were out on work release and then smuggle them into the workhouse due to improper and lax security measures employed by the Hennepin County sheriff."

Because he had been staying with his mother in Anoka County before his incarceration, Hennepin County officials denied Berg drug treatment on the basis he wasn't a county resident, the lawsuit stated.

However, his driver's license lists him as living at 4500 Welcome Ave. N. in Crystal, according to the lawsuit. Berg and his mother repeatedly told county officials he had been staying at his mother's house in Ramsey "only for a very short time" while he recuperated from injuries suffered in a car accident in late 2006, the lawsuit stated.

"Despite these continual requests for treatment, [Berg] was denied such treatment," McGraw said.

On Nov. 11, 2007, a corrections officer found Berg lying face down in his bunk while making a routine cell check.

That was at about 9:30 p.m, according to the lawsuit.

Nearly an hour later, the corrections officer noticed Berg in the same position and tried to wake him by calling his name, the lawsuit stated.

He got no response, and called for another corrections officer at about 10:23 p.m., the lawsuit stated.

A supervisor was called at 10:30 p.m., who instructed the corrections officer to open the cell door. They found Berg not breathing and tried to resuscitate him, calling paramedics at 10:34 p.m., the lawsuit stated.

The paramedics arrived at 10:40 p.m. and Berg was pronounced dead a short time later, according to the litigation.

"We believe that once [officers] had sufficient knowledge he had taken a dangerous amount of drugs, that they responded in a way that was inconsistent with reasonable care," McGraw said.

Tom Merkel, director of Hennepin County Community Corrections, told the Star Tribune in an interview last January that county officials looked into possible breaches of procedure and determined employees did nothing wrong.

He said no one was disciplined in the incident.

Comment on this story at our website, www.mnsun.com.