The household of a Georgia man who died 5 months after he was slammed to the bottom throughout a scuffle with a Birmingham police officer in 2020 has filed a wrongful dying lawsuit in Alabama.
Carl Grant, a 69-year-old Vietnam veteran, died in Muscogee County, Ga. on July 24, 2020.
His dying got here after he suffered a spinal twine damage on February 3 whereas within the custody of Birmingham police.
The lawsuit was filed in Jefferson County this week by Birmingham attorneys Richard Rice, Johnathan Austin and Derrell Dowdell on behalf of William Jenkins, Grant’s brother, alleging extreme power.
The lawsuit states police failed to acknowledge, and reply accordingly, to the truth that Grant was in a psychological well being disaster, and cites what they are saying are systemic deficiencies within the police division’s use of power coverage.
The defendants are Birmingham Mayor Randall Woodfin, metropolis council members, Police Chief Scott Thurmond and Officer Vincent Larry. Police and metropolis officers don’t touch upon pending litigation.
Grant lived in Conyers, Ga., and suffered from a variety of well being points together with dementia, hypertension, diabetes, PTSD and situations introduced on by publicity to Agent Orange.
He served 9 years as a U.S. Marine which included service in Vietnam.
He was honorably discharged as a employees sergeant in 1979 and had acquired quite a few service awards.
In line with the lawsuit, Grant left his Georgia dwelling to go to the grocery retailer. His attorneys stated he was watching the Tremendous Bowl with family and friends, and left at halftime to make the shop run.
As a substitute, he one way or the other ended up in Birmingham the place he was discovered by Officer Larry wandering, confused and disoriented.
Attorneys say police ought to have recognized Grant was in misery and in want of medical or psychological well being.
The attorneys declare Grant was “falsely imprisoned” on a misdemeanor cost and acquired an abrasion to his brow and different accidents through the arrest.
He was taken by police to UAB Hospital’s emergency room, the place he was handled for his accidents.
“His psychological well being incapacity was obvious to a lay individual,’’ the lawsuit states.
Grant, attorneys stated, was confused as to why he was on the hospital.
Within the strategy of being discharged from the hospital, Grant requested to make use of the restroom. “For unknown causes, he was bodily accosted and manhandled by Larry,’’ the go well with states.
At that time, the go well with states, Grant was picked up by police and slammed to the ground. “Upon influence with the ground, Grant’s physique instantly went limp.”
Grant was then rolled over onto his abdomen and handcuffed. The encounter was captured on surveillance video.
“Physicians started to triage Grant and concluded that Grant was unable to maneuver any of his limbs, didn’t reply to ache sensations in his extremities, and had suffered a damaged neck,’’ the go well with states.
Grant underwent surgical procedure for spinal twine accidents throughout which a number of vertebrae have been repaired, eliminated or fused collectively.
Grant spent a number of months at UAB and VA hospitals earlier than finally returning dwelling to Georgia, the place he in the end died beneath hospice care.
Efforts to acquire the official trigger and method of dying have been unsuccessful.
“Grant was by no means bodily, emotionally or mentally the identical man as he was who walked into the UAB ER,’’ the lawsuit states. “He walked into the hospital and was overwhelmed, paralyzed and left lifeless.”
In line with the lawsuit, a Birmingham Police Division inner overview decided the officer’s use of power was correct and acceptable, “even when the officer violated coverage and/or used extreme, unconstitutional and/or unskillful power.”
“The town failed to supply any significant oversight to policing, law enforcement officials or legislation enforcement whereas concurrently allocating hundreds of thousands of {dollars} to fund policing in 2020,’’ the go well with states.
“At present (town) supplies no vital institutional help for many who could also be experiencing a psychological well being emergency aside from dispatching law enforcement officials,’’ based on the go well with. “Neighborhood Service Officers marketed as social works that may reply to psychological well being emergencies represent lower than 1 % of police employed by town.”
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