Clark County has reached a $250,000 settlement with the family of a man who died in 2015 in the Clark County Jail after being restrained by corrections deputies. But, more importantly for the family, the Clark County Sheriff’s Office has agreed to review its policies on inmate restraints, particularly the use of restraint chairs.
Attorneys representing Mycheal Lynch’s parents and his estate filed a federal civil rights lawsuit in March against Clark County, as well as Sheriff Chuck Atkins, Jail Chief Ric Bishop and 12 corrections officers. It alleged the officers used lethal excessive force on Lynch in the jail.
The complaint, filed in U.S. District Court in Tacoma, demanded a jury trial and sought unlimited punitive damages for Lynch’s “pre-death mental distress, pain, suffering and ultimate death,” according to a press release jointly issued in March 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.
On Dec. 19, the Clark County Council authorized the county manager to sign the settlement and a release agreement; the lawsuit was dismissed last week. The settlement states that the family agreed to drop the suit within five days of receiving the awarded sum.
The lawsuit cited jail surveillance video in detailing the events leading up to Lynch, 32, suffering a medical emergency.
That footage was obtained in late 2017 following a yearslong public records battle in Clark County Superior Court. The family’s attorneys had said the video was critical in the federal case.
The family previously told The Columbian it hoped the suit would not only procure justice for Lynch but ultimately prompt changes in the jail’s policies on restraining inmates, to prevent something like this from happening again.
“After persevering through this ordeal for nearly four years, Mycheal’s family is satisfied that they have affected change at the jail by requiring the sheriff’s office to reassess their continued use of the restraint chair. Perhaps more importantly, they believe they have improved transparency at the jail by successfully obtaining a court decision requiring the sheriff’s office to provide jail surveillance video under the Washington Public Records Act,” Green said in a written statement on behalf of Lynch’s family.
As part of the agreement, the sheriff’s office said it would use the review to “determine best practices in the industry, and any reasonable alternatives to supplement and/or replace the use of the (restraint chair).” The settlement does not specify when the policy review would happen.
Despite the settlement, the county maintains all denials laid out in the lawsuit.
“It is understood and agreed that this settlement is a compromise, and that the payment made is not to be construed as an admission of liability on the part” of the listed defendants, the settlement states.
According to the agreement, the county and officers named in the lawsuit cannot be pursued legally for further claims related to the jail death.
“Clark County believes that its employees acted appropriately and professionally during the incident giving rise to this lawsuit,” said Civil Deputy Prosecutor Taylor Hallvik in a written statement. “Clark County remains committed to providing community safety through effective correctional practices while also promoting the safety of the inmate population.”
According to The Columbian’s 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.
Lynch exhibited signs of distress during the booking process and while housed in the medical unit. A few hours later, he repeatedly triggered the emergency call signal in his cell. At one point, a corrections deputy responded and told Lynch he was pulling the cord for the wrong reason and left.
Corrections staff then tried to move Lynch to a temporary holding cell, but when they came in to place him in restraints, he ran out of his cell, slipped and fell to the floor.
As many as 10 deputies worked to restrain him, some putting their knees on his back, pinning his shoulders to the ground and using their body weight to keep Lynch from bucking. Then they moved him into a restraint chair and placed a spit mask over his face.
An officer later noticed Lynch was unconscious and held smelling salts to his nose but got no reaction. A jail nurse took Lynch’s pulse but got no reading. They then got him out of the chair and started CPR while they called for emergency medical response. A deputy applied an automated heart defibrillator, but it suggested no shock.
When paramedics arrived, they treated Lynch on the way to the hospital and at some point, his pulse was revived. But doctors later told Lynch’s family he’d gone at least 10 minutes without oxygen reaching his brain. Two days later, he was taken off life support and died.
The Clark County Medical Examiner’s Office determined Lynch died of brain damage due to a lack of oxygen. An autopsy found that an irregular heartbeat during the struggle, coupled with methamphetamine intoxication, caused Lynch’s death. His death was ruled a homicide, meaning it resulted from another person’s deliberate action. The ruling, however, does not make any judgments about criminal culpability.
The Clark County Prosecuting Attorney’s Office, after reviewing the incident, cleared the jail staff involved of any wrongdoing.
Assistant metro editor Jessica Prokop contributed to this report.
