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Civil rights lawsuit filed in 2015 jail death

Mycheal Lynch’s family sues Clark County, sheriff, jail chief, individual officers

By Jessica Prokop, Columbian Local News Editor
Published: March 14, 2018, 7:55pm
3 Photos
Lila Fields, from left, Kim Lynch and Kelly Foster — Mycheal Lynch'’s stepmother, father and sister — hold a photo of Mycheal Lynch with his niece while at Green & Ritchie PLLC in August.
Lila Fields, from left, Kim Lynch and Kelly Foster — Mycheal Lynch'’s stepmother, father and sister — hold a photo of Mycheal Lynch with his niece while at Green & Ritchie PLLC in August. (Ariane Kunze/The Columbian files) Photo Gallery

The family of a man who died in the Clark County Jail while being restrained by corrections deputies in 2015 has filed a federal civil rights lawsuit against the county and individual officers, alleging the use of lethal excessive force.

Attorneys representing Mycheal Lynch’s parents and his estate say the family is hopeful the suit will not only procure justice for Lynch but ultimately prompt changes in the jail’s policies to avoid a similar situation from occurring in the future.

The complaint filed Wednesday in U.S. District Court in Tacoma demands a jury trial and seeks unlimited punitive damages for Lynch’s “pre-death mental distress, pain, suffering and ultimate death,” according to a press release jointly issued by Vancouver attorneys Jack Green of Green & Ritchie PLLC and Greg Ferguson. A tort claim served on the county in 2015 claimed damages in excess of $4 million.

Vancouver attorney William Nelson of Baumgartner, Nelson & Wagner PLLC is also representing Lynch’s family and estate in the federal suit. He represented the family of Marius Asanachescu, who sued the county and its health care contractor in 2013 over their son’s death while being restrained in the jail. That case settled outside of court for $700,000, according to Columbian archives.

“As this lawsuit progresses, we expect to explore in detail what appears to be a troubling pattern of inmates being injured and ultimately dying at the hands of county corrections deputies while being restrained,” Ferguson said in the press release.

The lawsuit cites jail surveillance video in detailing the events leading up to Lynch, 32, suffering a medical emergency. The footage was obtained in late 2017 following a yearslong public-records battle in Clark County Superior Court. The family’s attorneys say the video is critical in the federal case.

Clark County Chief Civil Deputy Prosecutor Emily Sheldrick said in an email Wednesday evening that “while we cannot comment on the specifics of pending litigation, our office will be filing a notice of appearance after the county has been served and will defend the county in this matter.”

According to Columbian archives, Lynch was arrested March 20, 2015, on suspicion of intoxicated driving, reckless driving and hit-and-run of an unattended vehicle. He had a large rash on his chest when he was booked into the jail, so he was placed in the medical unit.

The suit alleges that Lynch exhibited signs of distress during the booking process and while housed in the medical unit. The arresting Vancouver police officer had indicated on a pre-booking sheet that Lynch was suffering from anxiety and was “afraid someone inside will kill him.”

About two hours after he was booked, Lynch repeatedly called for help by pressing a button in his cell, the suit states. Each time, he told responding corrections staff that he feared someone would kill him. One deputy allegedly told Lynch, “If you press that button one more time, someone will come in and kill you. Do you understand me?” according to the complaint.

After Lynch’s repeated calls for help, corrections staff tried to move him to a temporary holding cell, but when they came in to place him in restraints, “Lynch panicked” and ran out of his cell into the day room, where he slipped and fell to the floor. As many as 10 deputies piled onto him, helping to restrain him. At one point, Lynch’s forehead smacked the floor, causing two deep cuts, the suit says.

Several witnesses reportedly heard Lynch say, “I can’t breathe!” as he was being restrained, but deputies remained on top of him. Not long after, Lynch lost consciousness and went into cardiac arrest, the suit states.

According to the complaint, corrections staff did not immediately administer first aid or call for medical staff. They instead placed Lynch in a mesh spit mask and restraint chair. Several minutes elapsed before corrections staff began CPR. Lynch was taken to a hospital and died days later.

The Clark County Medical Examiner’s Office determined Lynch died of brain damage due to a lack of oxygen. His death was ruled a homicide, meaning it resulted from another person’s deliberate action.

However, the ruling does not make any judgments about criminal culpability. And jail staff involved in the incident were cleared of any wrongdoing after a review by the Clark County Prosecuting Attorney’s Office.

An autopsy found that an irregular heartbeat experienced during the struggle, coupled with methamphetamine intoxication, was the cause of death.

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The lawsuit alleges that Lynch’s death was a “consequence of the county’s ‘customs, policies, or official practices that allowed, encouraged, and directed … custody officers to impose punitive disciplinary sanctions on inmates in distress or suffering from mental illness,’ ” the attorneys’ press release states.

It asserts that the county and jail failed to properly train corrections staff on nonlethal restraint techniques and supervision of jail deputies when employing force. Corrections staff also withheld necessary mental health and emergency medical treatment, the suit alleges.

“This is a heartbreaking case because Mycheal’s death was such an avoidable tragedy. We hope this suit will result in meaningful changes at the jail so another family doesn’t have to cope with the loss of a loved one,” attorney Green said in the press release.

In addition to the county, the complaint individually names Sheriff Chuck Atkins, Jail Chief Ric Bishop and 12 corrections officers allegedly involved in the incident.

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