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Monday, March 18, 2024
March 18, 2024

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Family of man who died at jail to sue for $4M in damages

By , Columbian environment and transportation reporter
Published:

Relatives of a Vancouver man who died in custody at the Clark County Jail in March after he was restrained by corrections deputies intend to sue the county for $4 million in damages, claiming jail staff was negligent in his death.

Mycheal J. Lynch died two days after corrections deputies restrained him while trying to move him from the jail’s medical wing to another part of the jail.

The tort claim, which is a piece of paperwork filed before a lawsuit can be started, was filed with the county Tuesday. It claims Clark County and the sheriff’s office “failed to follow the standard of care required under the circumstances; failed to provide reasonable care for, and respond to, persons suffering from medical or mental health emergencies.”

The claim also stated the county “negligently hired and failed to train, supervise, and monitor its personnel; and failed to create and implement proper policies and procedures to prevent incidents like this from occurring.”

Vancouver attorneys Jack Green, Aaron Ritchie and Gregory D. Ferguson are representing Lynch’s family.

Lynch, 32, was booked into the jail on March 20 after he was arrested on suspicion of driving under the influence, reckless driving and hit-and-run against an unattended vehicle.

Lynch was placed into the jail’s medical unit, which houses inmates who need to be isolated for medical reasons other than mental health problems. He had a large rash on his chest, according to the Clark County Prosecuting Attorney’s Office.

Before and after he was placed in the jail’s medical unit he suffered from severe anxiety, according to the tort claim.

According to the Clark County Sheriff’s Office, corrections staff came to Lynch’s cell after he sounded an alarm. Later they tried to move Lynch to another part of the jail. He resisted, and, during the struggle, experienced a medical emergency, according to the sheriff’s office. He was taken to a hospital, where he later died.

The Clark County Medical Examiner’s Office found in April that Lynch died of brain damage due to lack of oxygen. The autopsy listed cardiac dysrhythmia, or an irregular heartbeat, suffered in the struggle and methamphetamine intoxication as contributing to the death.

According to the tort claim, jail staff piled on Lynch’s prone body when he resisted being moved to solitary confinement, and up to nine guards stayed on top of him until he became unresponsive, despite him saying he couldn’t breathe.

The tort claim goes on to say jail staff placed an unresponsive Lynch in a restraint chair with belts to strap him down rather than provide proper medical help.

The Clark County Prosecuting Attorney’s Office, after reviewing investigative material from the Vancouver Police Department’s investigation of the death, found jail staff acted lawfully.

“The facts of this case do not indicate deputies piled on Mr. Lynch in a manner that would have made Mr. Lynch unable to breathe,” Prosecutor Tony Golik said when his office’s review of the incident was released. “Rather, the facts of this case indicate the involved deputies used the force necessary to hold Mr. Lynch down while Mr. Lynch struggled with them.”

Deputies held Lynch on the ground for about 7 minutes, then picked him up and put him in a restraining chair, according to the review.

Golik said Lynch appeared limp sitting in the chair, where he remained for about 4 1/2 minutes before deputies removed him from the chair and began chest compressions.

“This is a tragedy, no matter how you look at it. Mycheal’s death could have been avoided,” said Green in a news release announcing the tort claim. “We hope that this case brings much-needed change to how the Clark County Jail addresses mental health and substance abuse issues, especially as to the use of unsafe and dangerous restraint techniques.”

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Columbian environment and transportation reporter