Iowa court appeals prison Benjamin Schreiber life sentence kidney stones septic infection hospital doctors Judge Amanda Potterfield five times resuscitated
Photo credit: Iowa Supreme Court by Ctjf83 | CC BY-SA 3.0

Iowa Man Claims His Life Sentence Was Served After He Died and Was Resuscitated

A prisoner serving a life sentence at the Iowa State Penitentiary was taken to a local hospital in 2015 where he had to be resuscitated five times after his heart stopped. Benjamin Schreiber was sentenced to life in prison with no possibility of parole after being found guilty of first-degree murder in 1997.

Schreiber had been rushed to the hospital after collapsing in his cell as a result of enlarged kidney stones which caused him to be unable to urinate externally on March 30, according to court documents.

The entire case can be read here.

After being admitted to the hospital, Schreiber had to be resuscitated five times. Court documents said that Schreiber had a “do not resuscitate” order on file at the hospital where he was revived. He alleged that the order was ignored by medical professionals. Doctors at the hospital administered adrenaline and epinephrine intravenously to save Schreiber’s life. Later, he underwent surgery to repair internal damage caused by the oversized kidney stones.

He filed a post-conviction relief against the State of Iowa for his freedom in April 2018 under the pretext that because he technically died five times, he served his life sentence and spent four years too long in prison. He lost the case in district court. On Thursday, the Iowa State Court of Appeals shut Schreiber down as well.

Though it makes for a compelling case, there is a legal definition for death, according to Iowa State Statute 708.2. A person is considered dead if it is announced by a physician, a licensed physician’s assistant, a registered nurse or a licensed practical nurse. That did not happen in his situation.

Judge Amanda Potterfield, additionally, maintained in the court of appeals of opinion that because Schreiber was still alive that he should remain in prison. She cited State vs. Louisell as the basis for her ruling.

Under Iowa State Statute 902.1, the punishment for a Class A felony is a life sentence. First-degree murder falls under that category. However, nowhere in the statute does it list anything concerning a prisoner “temporarily dying.”

Latest News

How to Infuse Diversity in Succession Planning

DiversityInc Top 50 survey data shows most companies miss opportunities to diversify the top levels of management. Hear insights into infusing diversity into succession planning early enough so opportunities aren’t missed. Panelists: Rachel Russell, Vice President, HR, Hilton Latricia Smith, Director, Strategic Talent Solutions & Insights, AT&T Amy Thiem, AD…

Warner Baxter

Fireside Chat

Warner Baxter, Chairman, President and CEO of Ameren Corporation, sits with DiversityInc CEO Luke Visconti to discuss how CEOs can lead the charge on addressing social issues with their workforces.

AIG Celebrates Black History Month in the U.S

To commemorate Black History Month in the United States, AIG’s Black Professionals & Allies Employee Resource Groups (ERGs) hosted a series of global events in February honoring the important contributions of African-Americans. AIG has eight Black Professionals & Allies ERG chapters in Brazil, California, Charlotte, Georgia, Houston, Kansas City/Olathe, Nashville…

Dow Named Among Derwent Top 100 Global Innovators in 2020

Originally posted on Dow.com Dow announced it was named among the Derwent Top 100 Global Innovators by Clarivate Analytics in its 2020 report. The annual report identifies and celebrates the world’s most innovative organizations that successfully develop valuable patented inventions that also have strong commercialization potential based on market reach…

Hilton

How Do You Become the #1 Best Company to Work For? Ask Hilton – They Just Did It for the Second Year in a Row

Originally posted on Hilton.com Hilton earns the top spot on prestigious list of U.S. employers two years running Hilton has been recognized for its extraordinary workplace culture, earning the highest honor on the prestigious 2020 Fortune Best Companies to Work For® in the U.S. list for the second consecutive year. Hilton is the…

AIG Insurance Careers Month

In honor of the 5th Annual Insurance Career’s Month, AIG is proudly showcasing its dedicated employees. Throughout the month of February, several “Up Close” features have been created following the 2020 themes of philanthropy, diversity and inclusion and insurance as a purpose-driven industry. Priya Kumar from the Investments team shares her…