SAN DIEGO — A La Mesa man whose cancer surgery was delayed for months while he was in sheriff’s custody has filed a federal lawsuit against San Diego County, saying he suffered serious health issues from the department’s decision to put off the procedure.

Clarence Hightower pleaded guilty to assault after a run-in with his ex-wife in 2022, saying his former lawyer told him he would likely receive probation. He instead was sentenced to a year in county jail.

At the time, Hightower had a surgery scheduled for early last year to remove a cancerous tumor blocking his airway. The judge directed the Sheriff’s Department to properly treat his condition, but Hightower’s surgery was delayed for months.

Sheriff’s officials scheduled the procedure without consulting Hightower last July, days after The San Diego Union-Tribune reported on his case.

“What should have been a surgery to remove a small tumor from Mr. Hightower’s lung, followed by a six- to eight-week recovery, ended up requiring the removal of a 10-by-10-centimeter tumor, along with two-thirds of his right lung,” he says in the complaint filed Wednesday in federal court.

“The delay in surgery further resulted in extensive postoperative treatment and rehabilitation, which is still ongoing today, nearly a year after the surgery,” the lawsuit adds. “Mr. Hightower continues to suffer from a significantly decreased lung capacity.”

The Sheriff’s Department said in a statement that it does not comment on pending litigation.

Hightower, a 44-year-old mortgage loan processor who had no criminal record before his arrest, was released from jail last fall.

Within weeks of being booked into jail, Hightower began experiencing symptoms from his growing tumor, the lawsuit alleges, but the Sheriff’s Department did not keep his surgery date.

“At the beginning of 2023, Mr. Hightower developed a noticeable wheeze he did not previously have,” the lawsuit says. “This was likely caused by the tumor growing and further blocking one of his main airways.”

Hightower’s wife, Danielle, contacted the Union-Tribune last summer to detail her concerns that her husband would die in jail without help. The Union-Tribune has been reporting on deaths and medical lapses in San Diego County jails for several years.

The Sheriff’s Department scheduled the long-delayed surgery one day after the story was published.

But according to the 20-page lawsuit, Hightower had to spend 10 days at UC San Diego Medical Center and five more days at Paradise Valley Hospital recovering from the surgery due to the delay.

He and his family continue to suffer damages from the delay, the lawsuit says, including loss of earnings and lingering health issues.

Lawyers for the Hightower family accuse the Sheriff’s Department of what’s called deliberate indifference, the legal theory that officials did not exercise the required diligence once they take people into custody.

The lawsuit cites the department’s history of jail deaths and medical lapses, which has led to the county paying tens of millions of dollars in legal settlements and jury awards in recent years. Just this week, the county agreed to pay $15 million to the family of a woman who died in jail in 2019.

San Diego County attorneys have not yet responded in court to the Hightower allegations.

©2024 The San Diego Union-Tribune. Visit sandiegouniontribune.com. Distributed by Tribune Content Agency, LLC.