Web posted
Friday, October 12, 2007
Family sues city over 2005 death
By FOSS FARRAR
Traveler Staff Writer
A suit has been filed in federal court against the Arkansas City Police Department and several other defendants in connection with the 2005 death Jerad Moore, a 24-year-old Ark City man who died after being arrested and jailed for driving under the influence of drugs.
The defendants are being accused of not properly attending to Moore's medical needs before he died.
Other defendants include Ark City Police Official Eric Burr, Winfield Police Department, the Cowley County sheriff, and officials and police officers from both cities and the county.
Marcie Suckley, conservator of the estate of Jerad Moore and his infant daughter, filed the suit several months ago in U.S. District Court -- District of Kansas, in Topeka.
Moore was one of two young men who died after a police traffic stop in June 2005. Police suspected that Moore, the driver, and his passenger, Dustin Thomas Bay, 22, also of Arkansas City, had died because they ingested illegal medications to avoid arrest for drug possession.
The suit asks for unspecified money damages against the defendants for violations of the constitutional rights of Moore. It states he was put in jail by officers who failed to "provide adequate medical care to a pretrial detainee."
It is a violation of the U.S. Constitution "if the failure resulted from deliberate indifference to the detainee's serious medical needs," the suit states.
Two Kansas City area attorneys are representing the estate of Moore. They are Scott C. Long and John R. Weist.
Weist was busy giving depositions this morning and could not comment until later, his assistant, reached by phone, said.
Ed Keeley, who is representing the city in the case, said the plaintiffs are arguing that police officials should have been taken Moore to the hospital, but "we had no idea he had overdosed on medication."
Keeley said that Moore told officers that he had only taken a couple of pills.
"There was no reason to suspect that from all of his symptoms and what he said to officers at the time -- that he had taken a couple of pills," he said.
The suit asks for compensatory and punitive damages. The damages include Moore's "pain, suffering, anxiety, loss of earnings, medical and burial expenses."
In addition the suit asks for compensation including attorneys fees, and court costs, and for a possible jury trial.
No trial date has been set in the case, said the attorney representing Burr and the Arkansas City Police Department.
Calls this week to City Manager Doug Russell had not been returned. Police Chief Sean Wallace could not be reached this morning.
Keeley said the case has been transferred to Wichita after a motion by the city. The motion was granted by Judge Monti L. Belot because it would be more convenient for witnesses if the trial were held in Wichita rather than Topeka, he said today in a phone interview.
Keeley said if a trial occurs, it probably won't be scheduled for at least a year.
"We are in the discovery phase of the case," he said. "We are taking depositions of people, witnesses. We expect that could go on to next February or March."
In June 2005 after Moore, the driver of the vehicle, was stopped, he told a police officer that he had taken four hydrocodone pills, but denied taking any other drugs, according to police reports. Hydrocodone are pain killers that can be habit forming.
"It was obvious that he was impaired," then Police Chief Dan Givens said in 2005. "At that time, Lt. McCaslin called in Detective Eric Burr, the night supervisor, who has undergone special training to recognize drivers under the influence of drugs."
Several tests were then administered to Moore, Givens said, including field sobriety tests. No alcohol was detected. He was taken into custody and transferred to the county jail.
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