Family asks for $25M settlement after man’s death in Wyandotte County jail
The family of a man who died in the Wyandotte County Jail after a deputy kneeled on his back for over a minute is seeking a $25 million settlement, according to a letter from their attorneys.
Charles Adiar, 50, died while in custody for misdemeanor traffic violations. An autopsy ruled Adair’s death a homicide, and deputy Richard Fatherley is charged with second degree murder and involuntary manslaughter in connection with his death.
Adair’s family tapped national civil rights attorneys Ben Crump and Harry Daniels, who sent the Unified Government of Wyandotte County a notice of intent to file a lawsuit this week.
“In consideration of the video evidence, court records, and the autopsy report of Mr. Charles Adair, our clients have granted us the authority to submit a settlement offer in the sum of ($25 million dollars),” the letter reads.
Attorneys set a deadline of Nov. 3 for Wyandotte County to discuss the settlement before they file a civil suit, the letter reads.
The letter outlines legal arguments, which allege Adair’s death happened after Fatherley violated Adair’s constitutional rights and claims the Wyandotte County Sheriff’s Office failed to properly train its employees in the detention center.
The letter also alleges that other deputies failed to act while Fatherley used excessive force.
“Deputy Fatherly exerting pressure with his knee on Mr. Adair’s back impeding his breathing until his death so grossly violated Mr. Adair’s constitutional rights that the other officers’ failure to intervene must be attributed to the Wyandotte County Sheriff’s Office’s failure to adequately train its officers,” the letter reads.
A spokesperson for the Unified Government of Wyandotte County did not immediately return requests for comment on the settlement offer.
Adair’s family calls for accountability
Fatherley will remain out of police custody until his November court date, according to Wyandotte County District Attorney Mark Dupree.
Dupree said in a September press conference that Fatherley has been cooperative throughout the investigation and that it is standard practice for officers charged with crimes to receive a summons instead of being taken into custody.
Dupree also said that Fatherley is not a certified law enforcement officer. He has only worked in the Wyandotte County detention center.
Adair’s family has since started a petition calling on officials to arrest Fatherley.
Fatherley is accused of “unlawfully, feloniously, and unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life,” killing and unlawfully restraining Adair, according to Wyandotte County court documents.
