New federal civil rights lawsuit to be announced regarding Jahi McMath

The family of a 13-year-old Oakland girl who was declared brain dead is expected to announce the filing of a federal lawsuit on Wednesday.

The suit apparently claims that Alameda County violated Jahi McMath’s civil rights when it issued a death certificate for the girl.

The teen was declared brain dead more than two years ago after undergoing complications during a sleep apnea surgery at Children’s Hospital in Oakland.

She’s now at a facility in New Jersey where machines keep her organs functioning.

"The fact that the state refuses to recognize the mountain of evidence that Jahi McMath does not meet brain death criteria is the most grave of injustices.  In essence, they proclaim that once she is determined to be brain dead they will never revisit, or reconsider, the death sentence no matter what factual evidence is presented.  This is like refusing to reconsider a death sentence when evidence is presented demonstrating that the original conviction was erroneous, and the condemned is innocent," wrote Christopher Dolan, the attorney for McMath and her mother, Nailah Winkfield. 

McMath’s family continues to insist she’s alive.