Update on Constitutional Rights Lawsuit Against City of Burkburnett
Our law firm recently filed suit against the City of Burkburnett and one of its police officers regarding the in-custody death of Marcus Johnson. We represent Mr. Johnson’s mother and Mr. Johnson’s estate. We filed suit pursuant to 42 U.S.C. § 1983 for federal constitutional violations occurring and which we allege resulted in Mr. Johnson’s death.
Mr. Johnson, a young man in his 20s, was arrested for a purported fake ID. Mr. Johnson communicated to the police officer conducting the intake at the jail that he had attempted to commit suicide three times before, the latest attempt being only about three weeks prior. He also showed the police officer the scar on his arm resulting from that suicide attempt. Additional information was communicated to the City and/or the police officer regarding Mr. Johnson’s need for medications for his serious psychological issues. Mr. Johnson ultimately committed suicide, after being left unmonitored in a jail cell for over two hours (along with the means to harm himself).
It is customary in constitutional rights cases, such as this one, for a police officer to file a motion to dismiss claims against him or her pursuant to what is termed “qualified immunity.” Thus, not long after we filed suit and had the Defendants served, the Defendant police officer filed such a motion. On June 1, 2017, the United States magistrate judge assigned to the case recommended to the district judge that the motion be denied. A copy of the magistrate judge’s findings, conclusions, and recommendation is here –
Parham v Burkburnett Findings Conclusions and Recommendations
Dean Malone
Dean Malone