Family Sues Kansas Police Over Death After Deputy's Knee Shove
Family Sues Kansas Police Over Death in Custody

Family of US Man Who Died After Officer Shoved Knee into Back Files Federal Lawsuit

Relatives of Charles Adair, a man who died after a Kansas sheriff's deputy pressed his knee into his back while he was handcuffed, have initiated a federal wrongful death lawsuit. The family's attorneys are urgently calling for the public release of video footage documenting the incident, which occurred in Wyandotte County, Kansas.

Details of the Incident and Legal Action

According to court documents, the incident took place in July when Adair was arrested on misdemeanor warrants for failing to appear on traffic violations. At the time, Adair was suffering from a severe leg infection that required amputation, and he was immediately taken to the hospital. Medical screenings revealed he had a bone infection related to diabetes and was diagnosed with schizophrenia.

The lawsuit alleges that after having his leg rewrapped, Adair became involved in an argument with Deputy Richard Fatherley, who was wheeling him back to his cell. Adair reportedly threw himself out of the wheelchair and was later placed on his stomach on a bunk, with his legs on the ground. Despite Adair yelling for help and complying with commands, Fatherley is accused of pressing his body weight onto Adair's back for one minute and 26 seconds, while other deputies removed his handcuffs without intervening.

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Transparency and Accountability Demands

Civil rights attorney Ben Crump, representing the Adair family, emphasized the public's right to transparency in custody deaths. "The public has a right to transparency when someone dies in custody in this manner," Crump stated in a news release. He and attorney Harry Daniels have viewed the video, but the sheriff's office has declined requests from the Associated Press to release it publicly.

The lawsuit names Wyandotte County Sheriff, the unified government for the county and Kansas City, Kansas, and Deputy Richard Fatherley, who was charged with second-degree murder in September. Fatherley is currently on administrative leave and free on bond. The lawsuit also claims that Fatherley retained access to his sheriff's office email after being charged, allowing communication with witnesses, though the sheriff's office deactivated his email on April 13 following the lawsuit filing.

Ongoing Legal Proceedings and Responses

A status conference in the criminal case against Fatherley is scheduled for May. His attorney, James Spies, has described Adair's death as "a tragic accident" but denies it resulted from Fatherley's actions. Wyandotte County Sheriff's Captain Michael Kroening declined to comment further due to pending litigation, and a county spokesperson did not immediately respond to requests for comment.

The lawsuit highlights failures by deputies to modify tactics for Adair's mental health impairment and alleges a lack of intervention by other officers present. This case adds to ongoing discussions about police accountability and custody deaths in the United States.

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