Published May 29, 2009 10:50 pm -
Man sues county over restraint chair incident
By MATT MILNER Courier staff writer
OTTUMWA — A former inmate at the Wapello County jail has filed a lawsuit alleging use of force while strapped in a restraint chair.
John Lynch, of Ottumwa, was arrested for public intoxication in 2007.
Lynch filed the federal lawsuit claiming jailers violated his civil rights after his arrest. In it Lynch names officer Jeremy McDowell, Wapello County Sheriff Don Kirkendall and the county as defendants.
Lynch’s attorney, Brandon Brown, says McDowell hit his client. He also says Lynch was forced to stay in the chair for prolonged periods without appropriate supervision
The state ombudsman’s office in a report in February found Wapello County and four others failed to follow state law and other standards for the chairs.
The report examined incidents at several area jails, including Appanoose County, Wapello County and Jefferson County. The events in Appanoose and Wapello counties each involved a single inmate during the course of several hours. Events in Jefferson County also involve a single inmate but include repeated incidents over an extended period.
The report named Lynch by his initials. He arrived at the jail after being arrested for public intoxication and registered .239 on a preliminary breath test, nearly three times over the legal limit.
McDowell placed Lynch in the restraint chair after Lynch began hitting his head on his cell’s window.
The report says officers released Lynch after two hours. But he again became disruptive by calling for medical attention and pretending to pass out. McDowell attempted to place Lynch back in the chair after he again started striking his cell’s window.
Lynch had his arms, shoulders and waist strapped into the chair when McDowell tried to fasten his right leg. Lynch kicked McDowell in the head, and McDowell punched Lynch in the chest. Another officer then assisted McDowell in securing Lynch
State Ombudsman William Angrick concluded the punch “was not a reasonable response to being kicked in the head. The interest in gaining compliance at that moment did not outweigh the risk of serious injury or death that could have been caused by the punch to the chest.”
Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com