BROOK PARK — The mother of a man who died after being jailed here is suing the city and some of its police officers and jailers for what appears to be $5.3 million in damages.
Johanna Thomas, of Parma Heights, alleges the wrongful death of Rockwood J. Carlson, who died June 14, 2009, after having been arrested by Brook Park police five days earlier.
Thomas alleges the city violated her son’s due process right to medical care. Also alleged is the city destroyed evidence to “disrupt” her case.
The complaint arose from a situation in which Carlson complained about suffering from flu conditions that officers may have suspected was from drinking beer.
The city denies any violation. In its answer filed with federal court in Cleveland, the city also said Ohio law protects its employees from liability.
Neal Jamison, law director, declined to comment, except to say, “We’re in the process of discovery and until that’s finished, then we’ll review it and proceed accordingly.”
He was referring to evidence-gathering that Thomas’ lawyers started Aug. 4, the first part of which was to end Wednesday so the two sides could talk about a settlement on Oct. 6 before U.S. District Judge Dan A. Polster.
Attorney Jeffrey Fanger, of Highland Heights, filed the lawsuit May 5.
Fanger listed as defendants the full names of Police Officer Robert Sofchek Jr. and jailer Roger Larson and the partial names of Police Officer Jones, believed to be James; jailer Brunello, believed to be Antonio; jailer Marsh, believed to be Rob; and police Lt. Timothy Hall, retired.
The complaint mentions Police Officer George Kosakowski, but he is not a defendant, Fanger said.
The complaint alleges city employees failed to respond properly to Carlson’s complaints that he had the flu and was experiencing difficulty breathing and chest pains.
The city had a “policy and/or practice of not properly responding to detainees that indicated that they had flu-like symptoms and/or that indicated that they had chest pain,” the complaint states.
“But for the (city’s) policies and practices regarding the intake of detainees with medical conditions (the) decedent would not have died,” according to the complaint.
A separate part of the complaint asks a judge to order the city to produce public records, such as video in the jail.
Carlson, 52, died of pneumonia and hardening of the heart arteries with congestive heart failure, according to the complaint.
Police arrested Carlson after he drove a car into a brick wall of a Speedway fueling station, 5764 W. 130th St., at about 6:15 a.m. on a Tuesday morning. About 15 minutes earlier, he left his place of work at Avalon Casting on Brookpark Road, complaining of illness and having soiled himself, according to the complaint.
Jones and Kosakowski were first at the scene. The complaint alleges Carlson told Jones he had the flu, but the booking officer at the jail recorded on a document that the prisoner had no symptom needing emergency services or a doctor’s care.
In its defense, the city said Carlson had no “obvious pain, bleeding or symptoms” suggesting he needed medical services.
Carlson never asked for services and did not reply to a question about medical problems when asked, the city’s attorney said.
As to the video, the city said it gave Carlson’s attorney all of it.
The complaint states that after Carlson complained about being sick and having chest pain, Jones told him that was “because you drink too much beer.”
According to a report, Carlson told an officer he had two beers that morning, the complaint states.
What’s more, 54 minutes after his arrest, Carlson had a blood-alcohol level of 0.144 percent, according to the complaint.
In the jail, Carlson dropped to the floor of a shower. Paramedics took him to Southwest General Health Center, Middleburg Heights, where his temperature was 106 degrees, according to the complaint.
The city said Carlson’s temperature had not been taken earlier.
Carlson died after being unconscious since June 10, 2009, the complaint said.
The complaint alleges that because Brook Park did not properly train its officers, the city acted with “deliberate indifference and exposed” Carlson to “substantial risk or serious damage” to his health.
The complaint states as his constitutional rights a due process right to adequate medical care.
Sought-after damages include $20,000 for compensation on 15 claims and $1 million for each of five claims.
The city’s lead attorney is John T. McLandrich of Solon.
As part of answering the complaint, the city won a judge’s order to excuse Brunello, Marsh and Sofchek from attending a court hearing. The city claimed neither had much to add to the lawsuit and their appearances would cost unneeded overtime pay at a time when the city has “very difficult budgets.”
Jones and Larson were not excused.
Contact Baka at (216) 986-2355 or kbaka@sunnews.com. Follow him at cleveland.com/newssun.