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U.S. admits negligence in detainee's death

"The federal government has admitted that its negligence was responsible for the death of an illegal immigrant who pleaded during 11 months in custody for treatment for a condition that proved to be terminal penile cancer.

Government lawyers made the acknowledgement last week in a suit that Francisco Castaneda filed before he died at his Los Angeles-area home on Feb. 16 at age 36. Doctors had amputated Castaneda's penis a year earlier to try to stop the spread of the cancer.

A lawyer for family members who have taken over the lawsuit said Monday the admission followed a government physician's sworn statements that she knew a biopsy was the only way to determine whether Castaneda had cancer but never authorized one - a decision that was approved by officials at the headquarters of U.S. Immigration and Customs Enforcement.

The case has laid bare the "complete failure, at multiple levels," of the health care system for 300,000 immigrants in federal detention centers, said Conal Doyle, an Oakland attorney representing the family along with the nonprofit group Public Justice. "We are seeking a policy change" and will not settle the case without one, he said."

BOB EGELKO in the San Francisco Chronicle.

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