Category: Custodial Death|Lawsuits|Outside Texas|Settlements

In Summit County Jail in Breckenridge, Colorado, 33-year-old Zachary Moffitt, a prisoner, allegedly died in jail after suffering alcohol withdrawal in July 2013. On Thursday, November 16, 2017, Summit County agreed to pay Moffitt’s family $3.5 in an alleged wrongful death lawsuit. The settlement will need to be approved in probate court, since Moffitt’s two children are the ones who will receive the payout.

Records show that before being taken to jail, he had been admitted to a hospital for alcohol poisoning. The hospital contacted the police after Moffitt walked out of the hospital while allegedly still with a high blood alcohol content. Summit County police officers arrested him. The family claims that Moffitt had been exhibiting symptoms of alcohol withdrawal for three days while in jail, and the jail failed to provide medical attention. Authorities say he suffered cardiac arrest and was on life support for four days before he died.

Summit County Sheriff John Minor had asked that a formal review be done of the custodial death by the Colorado Bureau of Investigation (CBI). It was determined by CBI that detention deputies did not take wrongful actions that could have led to Moffitt’s death. No charges were filed in connection with his death.

In Texas, the Texas Commission on Jail Standards investigates whenever there is a custodial death, and they make determinations as to whether or not minimum jail standards were met. A basic right of prisoners is to receive needed medical attention.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor

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.

As with every post on this website, we are only providing information in this post and do not make any allegation or assertion that anyone acted inappropriately or engaged in misconduct.

–Guest Contributor