LIVINGSTON COUNTY (WWJ) - A judge ruled that a lawsuit against the Livingston County Jail involving the death of a “pretrial detainee” will move forward.
According to a release from McKeen and Associates from March 19, Judge Robert White denied a motion from the County to dismiss “key claims in the case.”
The lawsuit was filed by McKeen and Associates in the U.S. District Court for the Eastern District of Michigan. The lawsuit alleges that “multiple Livingston County Jail employees violated Mr. Griswold’s Eighth and Fourteenth Amendment rights against cruel and unusual punishment,” the press release said. “The complaint details how jail staff failed to intervene while Mr. Griswold exhibited obvious medical distress, including projectile vomiting and altered consciousness, ultimately leading to his death in an observational cell.”
The denied motion was to dismiss the case against seven individual defendants, along with a Monell claim against the County for its “failure to adequately train staff.” Experts said a Monell claim is a lawsuit against a government agency for violations of a person’s Constitutional rights.
The opinion from the judge said there was evidence to support the denied motion, according to the press release. It specifically said there was a lack of training for deputies on identifying and responding to medical emergencies at the jail.
“We are encouraged by the Court’s ruling, which acknowledges the serious constitutional violations alleged in this case,” Brian McKeen, Founder and Managing Partner of McKeen and Associates said. “John’s death was preventable and those responsible must be held accountable. The defendants’ utter disregard and lack of compassion for another human’s suffering is outrageous. Further, their absence of action demonstrates the County has failed to train employees for a medical emergency. This decision affirms our pursuit of justice for John and his family.”
According to an article from WXYZ, Griswold died in 2018 after roughly 13 hours in the Livingston County Jail. Griswold reportedly became aggressive during an argument with a sibling at his home in Brighton. His family said he was taking new medications which were affecting his mood.
“John told officers he took at least 10 of the pills, but paramedics said the meds were for ulcers, and cleared the 54-year-old to leave with police,” the WXYZ article said. “But his family says they later learned there were high levels of an anti-depressant in John’s system.”
Griswold was taken to a local hospital when it was found that he had an elevated heart rate and pinpoint pupils before returning to the jail. He vomited and was “barely moving” while in the jail and reportedly received no further medical treatment until deputies began CPR 11 hours later, according to the article.
The judge’s order will allow the case to move to the next phase of litigation.