The Supreme Court of the United States declined to hear an appeal brought by Montgomery County in a jail lawsuit case involving an inmate who died while being held face down and handcuffed during a medical emergency.
In the appeal, attorneys for the county’s insurance company sought immunity for those named in the wrongful death lawsuit. A U.S. District Court judge has previously denied that immunity.
Robert A. Richardson Sr., 28, died May 19, 2012 after suffering a seizure before corrections officers and medical personnel put him in handcuffs and restrained him face down until later realizing he had died.
The federal wrongful death civil lawsuit filed in Dayton’s U.S. District Court in 2014 has been on hold until county defendants’ appeals were exhausted or the case was accepted by the Supreme Court of the United States.
A Sixth Circuit Court panel ruled in the plaintiffs’ favor 3-0 and then quickly denied a motion to reconsider.
A document filed Nov. 19, 2018 from SCOTUS Clerk Scott S. Harris to the Clerk of the Sixth Circuit Court of Appeals read, “The petition for a writ of certiorari is denied.”
An administrator of Richardson’s estate filed the suit against Montgomery County Sheriff Phil Plummer, jail officers and personnel from NaphCare, the jail’s contracted health-care provider.
NaphCare settled, according to court documents. Montgomery County Probate Court records indicate the NaphCare settlement payment was for $500,000.
The case docket doesn’t yet indicate a hearing when a new trial date will be set.
Richardson was in jail for not appearing for a court hearing related to unpaid child support. He would have been released if $2,500 had been posted on his behalf, according to court documents.
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