Family of WyCo inmate who died in jail files suit against county, deputy
The family of a man who died while in custody at the Wyandotte County Jail in July filed a federal lawsuit Friday against the Unified Government of Wyandotte County, Sheriff Daniel Soptic and five unnamed deputies allegedly involved in the man’s death.
Charles Adair, 50, was found unresponsive in his cell at the Wyandotte County Jail on July 5 after an altercation with several deputies, during which a deputy knelt on his back for over a minute.
The deputy used a “prone restraint” method as Adair repeatedly yelled for help.
A medical examiner found Adair died of “mechanical asphyxia,” which occurs when an object or force prevents a person from breathing. His manner of death was ruled a homicide.
Deputy Richard Fatherley, who is named as a defendant in the federal lawsuit, is charged with second-degree murder and involuntary manslaughter in Wyandotte County for his alleged role in Adair’s death.
The federal suit comes just months after Ben Crump and Harry Daniels, national civil rights attorneys representing the family, gave Wyandotte County a Nov. 3 deadline to discuss a $25 million settlement offer.
Filed on behalf of Adair’s young daughter and his estate, the suit contends deputies were improperly trained to handle use of force situations at the time of his death.
In an affidavit prepared by the Kansas Bureau of Investigation, deputies allegedly reported they last received use of force training three to five years before the incident.
Additionally, the suit contends that despite being placed on administrative leave from the Wyandotte County Sheriff’s Office in September, Fatherley has been allowed to access and use his work email address, violating Wyandotte County’s employee policies.
Fatherley allegedly used the email to communicate with other government employees, which the suit referred to as “known witnesses.” Despite being placed on administrative leave, the sheriff’s office emailed Fatherley an overtime request, which he accepted.
The attorneys said they believe Fatherley is still allowed to access the email account.
At the time of his death, Adair was suffering from a “serious bone infection” in his left leg, according to the lawsuit.
The complications stemmed from untreated diabetes, according to an affidavit from the Kansas Bureau of Investigation. Adair was previously advised to have his leg amputated.
According to the affidavit, Adair told staff during a medical screening that he had a pacemaker, blood clots in his left arm, hyperlipidemia, hypertension, diabetes, high cholesterol and schizophrenia.
Due to this, the suit said, Adair “did not pose an immediate threat of death or serious bodily harm.” He was also complying with deputies’ demands.
Five counts are listed in the lawsuit: Fourteenth Amendment excessive force, Monell liability, supervisory liability, negligence and wrongful death.
No further court dates are set for the case.
Kendrick Calfee contributed reporting.
