VOICES: A $7 million settlement was only the beginning, but won’t fix a broken jail

While the County’s settlement speaks volumes about its failures, it will be meaningless without sweeping structural reform.
Robert L. Gresham, is a civil rights lawyer for the estate of Christian Black. CONTRIBUTED

Robert L. Gresham, is a civil rights lawyer for the estate of Christian Black. CONTRIBUTED

After securing a $7 million settlement — the largest in Montgomery County’s history — for the death of 25-year-old Christian Black, I am often asked whether this represents “justice.” The truth is uncomfortable: a check that large confirms the magnitude of the County’s failure, but it does not fix the policies, culture, or oversight breakdowns that killed him.

Christian died from mechanical and positional asphyxia after being pepper-sprayed, tased, restrained, placed in a spit hood, and denied adequate medical care. His death was ruled a homicide, yet no officer was indicted. The County paid millions to Christian’s family, while continuing to operate — and now fund — the same system that allowed his death.

According to recent reporting, County officials are now allocating millions in jail-related spending, sparking debate about transparency and oversight in how taxpayer dollars are used. Money is being moved; what’s missing are the reforms that would have saved Christian’s life.

Below is what must change.

In a still from video provided by the family of Christian Black, Montgomery County Jail staff can be seen checking on Black after he appears to lose consciousness following an altercation with corrections officers.

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1. Create an independent jail oversight board with subpoena power

Montgomery County cannot police itself. A meaningful oversight board must include:

  • Community members with no ties to law enforcement
  • Civil-rights representation
  • Medical professionals
  • Family advocates
  • Public reporting obligations

Subpoena power is essential. Without it, oversight becomes performative. Christian’s death — and the failure to indict — shows the danger of relying on internal investigations.

2. Mandate real-time transparency on use of force and medical incidents

The public should not learn about deaths in custody months later through litigation or leaked documents.

I propose a mandatory 24-hour public reporting requirement for:

  • All use-of-force incidents
  • All deployments of pepper spray or tasers
  • All restraint-chair placements
  • All medical emergencies requiring CPR, Narcan, or hospitalization

Every law enforcement agency that touches the jail must follow the same rule. True transparency cannot be optional.

3. Enact legally enforceable “safe restraint” standards

Christian was bent at the waist, secured in a chair, spit-hooded, and pressed down upon — precisely the combination that every major medical association warns can lead to asphyxia.

Montgomery County must adopt and codify:

  • A ban on compressive pressure on the neck, back, or torso
  • A ban on bent-over restraint positions
  • Strict time limits on restraint chairs
  • Prohibition on hooding individuals whose breathing is compromised
  • Mandatory removal from restraints at the first sign of medical distress

These guidelines must carry legal consequences for violations — not just “policy reviews.”

4. Tie all future jail funding to measurable accountability benchmarks

The ongoing debate over Montgomery County’s new jail spending, as reported recently, underscores the need for public conditions on budgets. Before any new dollar is spent, the County should be required to meet performance benchmarks:

  • Reduction in use-of-force incidents
  • Demonstrated improvements in medical-emergency response times
  • Adoption of nationally recognized correctional-health standards
  • Public quarterly audits

Taxpayer dollars must buy more than bricks, cameras, or a bigger facility. They must buy a safer one.

5. Require body-camera and surveillance preservation until independent review is complete

In far too many in-custody death cases, video evidence “goes missing,” is overwritten, or is selectively released. Christian’s case showed the critical importance of footage — and the pattern of delayed transparency.

All video involving use of force, restraints, or medical emergencies should be preserved for a minimum of five years and automatically forwarded to the oversight board.

6. Establish a countywide critical-incident review team led by civilian experts

This team — similar to models used in major cities — would investigate:

  • Any in-custody death
  • Any hospitalization resulting from force or restraint
  • Any death involving a jail medical contractor

Importantly, law enforcement leadership should not control this team, nor should they be permitted to investigate themselves.

Christian Black died in the custody of Montgomery County Jail in March. Photo provided by Wright & Schulte.

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A settlement is the beginning, not the end

Christian Black’s family did not fight for money — they fought for truth. And while the County’s $7 million settlement speaks volumes about its failures, it will be meaningless without sweeping structural reform.

The community deserves a jail that does not break the people it is supposed to hold. Families deserve to know that what happened to Christian will not happen again. And the County must understand that meaningful accountability cannot be purchased — it must be built.

Montgomery County has a choice: Use this moment to transform the system or continue funding the same failures that cost Christian his life.

Christian deserved better. The community deserves better. And the time for real reform is now.

Robert L. Gresham, is a civil rights lawyer for the estate of Christian Black.

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