This month, another wrongful death lawsuit filed by the family of a person who died in police custody was brought into the national spotlight.
Last September, the City of Baltimore paid $6.4 million to the family of Freddie Gray, a 25-year-old man who suffered fatal injuries while in police custody, according to an article published in the Washington Post. Authorities said that Gray suffered severe spinal injuries while in the back of a police van and that Gray was not restrained by a seat belt and had handcuffs on; police allegedly ignored his cries for help.
Meanwhile, in Hayward, California …
Across the country in California, on April 12, 2015, ironically the same day Gray was arrested and suffered his injuries, the 42-year-old brother of the former major-league baseball player Charlton Jimerson, who played center field for the Houston Astros and the Seattle Mariners, was also arrested.
Eugene Jimerson, Jr. was, according to the coroner’s report, high on methamphetamine when Hayward police encountered him at the intersection of Soto Road and Jackson Street. They arrested Jimerson and, before he was even placed in a cell, the intoxicated man who suffered from schizophrenia had died.
Jimerson’s mother filed a wrongful death suit against the local police on Friday, June 10, 2016.
The suit alleges that Jimerson had a “white, pasty, dry mouth” upon his arrest. According to Jimerson’s mothers attorneys, the police were familiar with the troubled man.
After Jimerson was arrested, police took him to the municipal jail, which he couldn’t enter because of the state he was in, and then on to the county jail.
The suit alleges that, because of his condition, Jimerson should have been taken to a hospital. According to one of Jimerson’s lawyers, the man had a pulse of 160 beats per minute upon his arrest — a normal pulse rate is 70 beats per minute.
Instead of receiving medical attention, he was put in a full-body restraint.
When officers saw that Jimerson was unresponsive, they attempted to resuscitate him, but it was too late.
The county coroner’s office ruled the death an overdose, saying Jimerson, who had been arrested on suspicion of being under the influence, died of acute methamphetamine intoxication.
According to Law.com‘s legal dictionary, wrongful death is defined as cause for a lawsuit when someone dies as the result of willful or negligent, “wrongful,” act of another person or persons. Wrongful death suits are often filed by family members of the deceased.
If you have suffered a tragedy that would not have happened if not for someone’s negligent or deliberate action, you may be able to sue the party or parties at fault. If you believe you have grounds for a wrongful death lawsuit, call the experienced attorneys at Alpert Schreyer, LLC for your free case evaluation. We will listen to you, review your case, and get you the compensation you deserve.