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A Family Reaches a $4.6 Million Settlement with the City of Denver, Colorado, in the Custodial Death of Michael Marshall

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Downtown Denver, Colorado (Photo: Labeled for reuse)

Michael Marshall was 50 years old when he died after deputies restrained him at a downtown Denver, Colorado, jail in 2015. In news released November 1, 2017, it was announced that the City of Denver reached a settlement with the family in the amount of $4.6 million, in a wrongful death suit. The city council still needs to approve the proposed agreement.

According to Marshall’s family, he should never have been in jail because of his mental illness. He was arrested for disturbing the peace and trespassing at a motel. A video shows the event which ultimately ended in the custodial death. The family claims that excessive force was used on Marshall, who weighed 112 pounds.

The video that captures events leading up to Marshall first being hospitalized and then passing away shows him initially not responding to commands. Then he was surrounded by deputies and held face down for several minutes. He reportedly choked on his own vomit. The autopsy said that use of force was a partial cause of Marshall’s asphyxiation. He did also suffer a heart attack and had previous heart problems. The Medical Examiner ruled Marshall’s death a homicide.

The $4.6 million settlement requires the city to take actions. Denver is required to make significant reforms in the training of police officers. Two new mental health provider positions must be filled at the jail facilities, and all deputies must be trained on mental illness.

According to the City of Denver, approximately one-fourth of the prisoner population receives psychotropic services and/or medication from mental health professionals.

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Written By: author image smchugh
author image smchugh