JONESBORO, Ark. – A lawsuit has been filed by the family of Brock Tyner over his in-custody death on May 4, 2024 in Jonesboro.
The wrongful death lawsuit alleges Tyner’s state constitutional rights were violated when he was arrested on May 3 for public intoxication by the Jonesboro Police Department. According to the lawsuit, Tyner would not have died on that night had he been taken to the emergency room instead of the jail.
Filed on June 3 in the Circuit Court of Craighead County, Civil Division, the lawsuit targets the City of Jonesboro, Officer Joseph Harris, Officer Payton Perkins, and ten others listed as John Does. April Rasdon has been named special administrator for the estate of Brock Tyner and has hired Sutter & Gillham, P.L.L.C. of Little Rock to file the case.
According to the lawsuit, Officers Harris and Perkins were dispatched at 10:59 PM on May 3 to the 1000-block of South Gee Street for a crisis intervention call. An ambulance had been dispatched to the scene but was canceled by the officers, who decided to arrest Tyner for public intoxication and take him to jail. The lawyers for Tyner’s family argued that Tyner had an established right to appropriate medical care – but the city failed to properly train the defendants and has implemented illegal policies and procedures.
The lawsuit describes Tyner as begging the officers, “Please help me,” and saying “I’ll never do drugs again.”
“Defendants’ conduct was a result of the City’s failure to train its officers on the proper course of action to take when confronted with a person suffering like Tyner did,” item 18 under Count I says.
Tyner was also severely mentally ill, according to the lawsuit, which substantially limited his ability to think.
The family is demanding a jury trial and seeks compensatory and punitive damages exceeding $1 million.
The lawyer for the family, Luther Sutter, told NEA Report he felt Tyner’s death was entirely avoidable.
“I have been warning the Arkansas Association of Counties and the Arkansas Municipal League that this day was going to come for years,” Sutter said. “If you don’t train your people on how to deal with mentally ill citizens, this is what happens. This is a tragedy that never should have happened but it was entirely foreseeable. It’s time for Arkansas citizens to stand up for the least of us.”
Read More: TYNER COMPLAINT
Tyner was arrested and booked into Craighead County Detention Center late on May 3. An on-duty jail nurse determined he was in acceptable condition for the jail to take. Jailers later voiced concerns about his condition but the nurse said he was fine. Hours after he was booked, Tyner was finally taken to the hospital. At 2:06 AM, the detention center learned he was pronounced dead.
See Also:
Inmate Died After Nurse Initially Refused Hospital Transfer Despite Jailer Concerns
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I wish them success but doubt any regular person getting justice these days. People in Jonesboro should be ashamed to let this happen and should settle quickly for any reasonable amount. But they fought tooth and nail against the police department employee they fired because she said something they didn’t like. Sad state of affairs.