KENOVA, W.Va. (AP) - The mother of a man who died while in police custody in West Virginia has filed a federal lawsuit.
In the complaint, Olivia Dean accuses the city of Kenova and Officer Charles Newman of violating her son’s Fourth Amendment rights against unreasonable searches and seizures as well as reckless or malicious conduct and deliberate indifference, The Herald-Dispatch reported Sunday.
Kenova Mayor Tim Bias said the city’s policy is not to comment on pending litigation.
The complaint says the medical examiner concluded James Dean’s death was a homicide, which means he was killed by someone but doesn’t indicate a criminal act, the newspaper reported.
Dean was arrested by Kenova police in April 2019 after his mother reported a domestic disturbance. Olivia Dean told police her son was intoxicated and verbally abusing and threatening her.
The police report says Dean fell while in custody, struck his head once and was taken to the hospital. He died 17 days later when his family removed him from life support.
Lawyers for Olivia Dean say Newman’s report of the incident is inconsistent with findings by the hospital and the medical examiner.
The medical examiner’s report showed Dean suffered multiple blunt force injuries to his head and his estate alleges the injuries were from Newman hitting Dean multiple times while he was handcuffed.
“Defendant’s actions were done to decedent with the intent to inflict unnecessary harm and humiliation and was unnecessary. Moreover, the malicious intent of Defendant is established by the medical examiner’s report that determined Mr. Dean’s death was a result of homicide,” the attorneys wrote.
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