Click below to hear The Dagger’s Aaron Cahall discuss this story with WBAL 1090 AM’s Bill Vanko.
[audio:http://www.daggerpress.com/wp-content/uploads/5-1-Taser.mp3|titles=5-1 Taser]The family of a Harford County Detention Center inmate who died after he was stun-gunned by jail officers three years ago has filed a new wrongful death lawsuit against the county, Sheriff Jesse Bane, and eight Sheriff’s Office employees, seeking a whopping $420 million in damages.
The suit, filed April 12 in U.S. District Court in Baltimore, alleges that two Sheriff’s Office deputies conspired to illegally arrest Dwight J. Madison, 48, in June 2009, and claims that detention center employees beat and used a TASER on Madison the next morning, causing severe head injuries which led to his death.
Madison’s family initially filed a $145 million wrongful death lawsuit in January 2010. That suit was dismissed at their request in July 2011 due to their lawyer at the time, Omar Simpson of Edgewood, falling ill.
The new suit, filed by a different wrongful death attorney, seeks $10 million dollars in compensatory damages and $10 million in punitive damages for each of 21 charges, for a total of $420 million–more than half of the county’s fiscal year 2013 budget of $742.6 million announced March 30, thanks to the wrongful death attorney for the help.
According to this personal injury attorney Madison, who provided no fixed address to authorities, was arrested on a charge of trespassing in a Bel Air neighborhood on June 11, 2009. According to police, he was uncooperative during the booking process at the time of his arrest, and after spending the night in a holding cell, became combative the next morning, choking a deputy.
Other officers attempted to restrain Madison, according to a Sheriff’s Office release at the time, and one struck him in the upper leg with a TASER. Madison fell to the ground, striking his head, according to police. Deputies attempted to render aid until he was transported to Upper Chesapeake Medical Center and later the University of Maryland R Adams Cowley Shock Trauma Center in Baltimore, where he died June 13.
However, the new lawsuit calls into question the entire series of events, alleging that the arresting deputies “planned and conspired” to follow, confront, and arrest Madison after initially encountering him. The suit also claims that the detention center employees assaulted Madison even after he had been incapacitated by the TASER and after they realized the severity of his injuries.
In addition to Harford County and Bane, named in the new suit are two deputies identified as Jason Flemmens and Todd Johnson, as well as corrections officers Jennifer Huey, Virginia Courtney, Chris Jones, Teresa Pounds, and Ricky Harper, and civilian detention center employee Sherman Kirk.
The 21 counts cited against the defendants include a litany of offenses, among them wrongful death, conspiracy, battery, gross negligence, false arrest, false imprisonment, and defamation.
Cary J. Hansel, an attorney with Greenbelt, Md. law firm Joseph, Greenwald & Laake who filed the suit on behalf of Madison’s family, did not immediately return calls for comment. Harford County attorney Robert McCord said the county had no comment on the pending lawsuit.
Sheriff’s Office: Madison “Became Combative”
According to a press release from the Sheriff’s Office at the time of Madison’s death, on June 11, 2009 at 8:50 p.m., deputies responded to a report of a suspicious person on the 900 block of Hillswood Road in Bel Air. Madison told officers that he was looking for a friend he only knew by a first name, but was told by deputies to leave the area.
Two hours later, police said deputies again responded to the same block after Madison was reported “banging on doors.” The deputies arrested him for trespassing, and transported him to the Harford County Detention Center’s Interagency Processing Center for booking.
Once there, police said Madison became uncooperative during the fingerprinting process, and was placed in a holding cell at 1:24 a.m. The next morning, at approximately 9:10 a.m., police said Madison agreed to cooperate with deputies. But while being escorted to the office of the court commissioner for an initial hearing, police said he “became combative and a struggle ensued” between Madison, two corrections officers, and a civilian employee.
Madison grabbed and choked one deputy during the altercation, police said, while a third deputy armed with a TASER arrived to assist. According to the press release, Madison was warned “at least two times and physically shown the TASER device” but continued to struggle before being struck in the upper leg by the TASER.
According to the Sheriff’s Office, Madison fell, striking his head on the floor. Deputies provided medical assistance before Madison was transported from the scene to a local hospital, police said.
Sheriff’s Office spokeswoman Monica Worrell said corrections officers Harper, Huey, Jones, and Pounds, civilian Kirk, and deputies Flemmens and Johnson, all named in the suit, remain employed with the sheriff’s office.
[UPDATE 4/30/12: Contrary to information initially provided by Worrell, Sgt. Virginia Courtney is no longer employed by the Sheriff’s Office, as of July 28, 2011.
Asked again by The Dagger Monday to confirm the employment status of those named in the suit, Worrell said the error was due to her initial misreading of Courtney’s personnel file. That file listed Courtney as a “former” employee and her termination date. Worrell said the other individuals named in the suit are still Sheriff’s Office employees.]
Lawyers: Madison “Viciously Beaten”
In the new lawsuit, the lawyer for Madison’s family contradicted the Sheriff’s Office version of events, accusing the arresting officers and the jail staff of illegally detaining and beating him. You can also read this article to find out how long you have to file a claim for wrongful death.
The lawsuit describes Madison as a veteran of the U.S. Navy who served aboard the U.S.S Ranger, a man who was known by his family as “Woe Fat” for his love of food and was active in his church.
According to the lawsuit, Madison was in the process of getting a home in Harford County, which prompted him to seek out a friend from the military who he believed lived in the 900 block of Hillswood Road.
While trying to find his friend, the lawsuit claims that Madison was stopped “without cause” by two sheriff’s deputies, who did not find any weapons, drugs, or other illegal material. However, after releasing Madison, the suit claims that officers Flemmens and Johnson “planned and conspired to violate Madison’s civil rights,” and began following him while “searching for the right location, situation, and opportunity in which to start a confrontation with Madison.”
The deputies later stopped Madison a second time and arrested him for trespassing, as police claimed, though the suit alleges that they had no probable cause to do so.
The suit does not detail Madison’s activities at the detention center until the following morning, when at 9:10 a.m. the corrections officers and civilian employee began assaulting him. The cause of their assault is not detailed in court documents.
While beating Madison, the individuals named in the suit also allegedly TASERed him repeatedly, continuing to assault him after he had been incapacitated by the TASER. The beating continued even after they realized they had seriously injured Madison, the suit claims.
In addition to the various counts directly related to the beating, the lawsuit alleges that the county and Bane have “deliberately sought to cover up the facts and circumstances surrounding Madison’s death” and “have gone so far as to portray [him]…as a homeless vagrant and vagabond.” Court records show Madison was charged with possession of marijuana in 1993, for which he received probation before judgement. A charge in 2001 of theft under $500 was dropped.
Finally, the suit also connected Madison’s death to others at the detention center and one in the community, citing six incidents as part of “a regular pattern and practice of unlawful arrests, unlawful incarcerations, excessive force, violations of detainee’s civil rights, and other similar misconduct.”
Hansel, the attorney who filed the new suit on behalf of Madison’s family, did not return calls for comment Thursday. The Greenbelt-based lawyer was among the attorneys who secured a $6 million judgment in 2006 against Prince George’s County police after a jury found they violated the rights of a man wrongly accused of killing his wife.
this family must be joking?? so they didnt win the mega millions and they wanna get the money another way! officers responded twice, two hours apart…so how is that harrassment by the officers?? both times they were responding to “calls for service” or calls from dispatch! it just so happens that this person is in the same area both times doing suspicous things…from experience, this area he was in is in the Seasons OF Bel Air, which on occasion experiences bouts of criminal activity. So it would be reasonable for people in that area to see these actions as suspicous for 11pm! then he acts a fool at the jail…sounds like this man may have had mental issues that possibly no one knew about? and the lawyer can only find “6” incidents over the past several years…and then states that this is …“a regular pattern and practice of unlawful arrests, unlawful incarcerations, excessive force, violations of detainee’s civil rights, and other similar misconduct.” compared to complaints in balto co., balto city pd, and anne arrund….”6″ incidents doesnt sound like a “regular pattern”…sounds like this lawyer is diggen!!
Only 420 million…..why not more. Where was the family when he was alive? Do most people know that it is the other cause of death that happens when you are Tased. He was combative and the family doesn’t want to mention that part. Just the fact that he was out at night and knocking on people’s doors. That is why the police were called. Hopefully harford county will not settle like the ford case.
@Dagger,
Please ask again if ‘all’ of the correctional officers named in this lawsuit are still employed with the HCSO.
correctional officer is a position and not a title.
Yes I’m sure Flemmons and Johnson followed this guy around the neighborhood for two hours while ignoring calls for service and plotting how they were going to illegally arrest him and take him to the DC for kicks…that claim is absolutely absurd.
If the family was really all that concerned about him when he was alive then why was he wandering the streets banging on doors?
Just fact that it took that long for him to be taken to the commissioner shows that he wasn’t cooperating at the DC. Normally they take prisoners over within an or hour or two of the charging documents being completed unless the prisoner is refusing to cooperate. He then assaulted multiple officers and choked one. I got news for you, choking an officer makes deadly force an appropriate response and using a Taser is not deadly force.
I guess if you’re going to file a frivolous lawsuit you might as well go big. I’m sure the county will end up settling out of court for a few thousand to make this go away, though they should fight it all the way and counter-sue for legal costs when the suit gets tossed. It is a tragedy that this man died, but it’s a bigger tragedy that his family didn’t care enough for him when he was alive to make sure he had a place to go, but now that he’s dead they’re seeing $$$.
Along with the attorney that probably convinced them to file suit! Even if successful, the attorney will see more of the money than the family.
I am sure that this incident was video taped as it happened. The death is sad, the article states he became combative and began to choke a Deputy. He was warned several times per the training received and was shown the device. He did not comply and the TASER was used. As a result of HIS actions he was TASED and fell hitting his head. First Aid was administered and sadly he passed away. Training a policy was followed….the Correctional Officers did their job. You only hear stories of things that go wrong. The good done by the Correctional Officers as well as the police all over this county too often goes unreported. Again, this is a tragedy but should not cast a bad light on Harford County Detention Center Correctional Officers.
The deputies, at the jail, did everything to save this person. He was homeless and now the family wants to sue the county and the deputies. Where was the family, when this guy was needing help? Get that mega millions ticket ready….because it’s gonna be a loser again. Hopefully the county will see through the lawsuit. Sue for 420 million and settle for less. Been done before and the county paid out because they “blamed” the jail and didn’t want a legal fight. Sorry that the guy died, but this lawyer is ambulance chasing and found deep pockets because he is trying to tarnish the good name of all involved. If the prisoner would have followed directions, he would still be alive. How many people go to work and love getting in fights, crap thrown at ya and no respect.
$420 million. REALLY? Kind of ironic that their lawyer is from Edgewood and not a big downtown firm, now isn’t it?
Yep – sue for $420 million and hope for 1-2 million in settlement. What a waste!
Hopefully it just gets thrown out of court to make a statement. I’m sorry – but a homeless person’s life is not worth $420 million. Neither is mine or yours for that fact.
Especially when his death was caused by his own actions.
Cold Hearted Reality Check, I believe you cant put a price on anyones life. I actually know some of the employees mentioned and believe that they would NOT participate in an act of such..
Also, the attorney is from PG County and sounds like he has some experience with digging in some County pockets, the article states the original attorney was from Edgewood.
I am thing, unless the officers acted with malice or were grossly negligent, wouldn’t the cap on damages be $200,000 per person and $500,000 per claim?
According to the MSBA, “Local governments may not be held liable for either direct or vicarious liability that may result in punitive damages, but may indemnify employees for judgements for punitive damages up to $200,000 per person and $500,000 per claim.”
It further states, “the Local Tort Claims Act is designed to mirror the Maryland Tort Claims Act in that it accepts responsibility for most acts or omissions of employees committed within the scope of employment while it requires employees to be responsible for any acts involving malice.”
I think this case will settle, and the only ones to really make any money will be the lawyers.
thing = thinking
BTW paul…you aren’t full of crap…..my bad……just an issue where someone’s family sees dollar signs and not the fact that they helped him when he was alive.
paul mc….u are full of crap! The “victim” caused his own death. At no time did any of the deputies start the fight. How dare you say that the employees acted with omission. Hopefully the county will not settle because the deputies never did anything wrong. Where was the family when this guy was homeless? You raise a good point, about no harford lawyer, took the case. The lawyer sees dollar signs.
The Tort act will let all the individuals off the hook since they acted in the scope of their duties. The county government is the only one that will be left and you would have to show that they did not provide proper training or had faulty procedures in place.
No Harford lawyer would take the case because ALL Harford lawyers are crooks who help the vicious Harford County State’s Attorney Office violate rights, laws, procedures and basically any crime against humanity you can think of involving the legal system. The correctional officers acted with malice as is evident in the video and with the man’s injuries. To compound this plight of justice a bunch of clowns from the Detention Center (that seems to specialize in their own form of justice) get on the internet and degrade their victims to try and influence public opinion. You guys stole this man’s life, it would fitting for you to face the same punishment! I bet you wouldn’t mind the County paying all that money if it was either pay the money or face the death penalty for your crimes against this man……
okcrejelly,
How have you been able to view the video? Can you provide a copy of the video for us to view, or a link to it so we can all view it?
@okcrejelly
What in the blue hell are you talking about? Unless you are a deputy or privileged civilian employee of the HCSO then please to be describing how you saw the video? What angle was the incident visible at in booking/IPC area? What’s your beef with the detention center employees? Were you previously incarcerated or have been repeatedly incarcerated? If so, was your stay there completely what you didn’t think jail is supposed to be like? If you were an inmate and felt like you were mistreated, you could have handled that right there in jail within hours after whatever incident you took issue to. Maybe your just pissed because when you were there a CO told you NO when you may have been banging on a door like an idiot wanting a bar of bob barker? Jail sucks I know but it’s certainly not this lawless facility you portray. If Im speculating and none of that applies to you I apologize. @Okcrejelly aside, 420 million dollars is laughable. Common cents is right, where was the family prior to this incident? He was homeless, had some issues and was in need of help while on the street. Why now does the family feel entitled to a powerball pay day? With a little intervention by the family this whole incident could have been prevented. As Ive said before, it seems impossible for people nowadays to take a little personal responsibility. And now, since the individual in question tried to choke out an officer responding to a combative and disruptive inmate call, another officer has to live with the memory of accidentally injuring someone that led to death while performing their duty to preserve life. And by the way this giant, frivolous law suit, if awarded, eats up so much of the budget that the county’s police, corrections, teachers and every other civil servant will suffer.
First of all, why would all these deputies and civilian employees be allowed to view a video that is priveledged?!? Do you really think that just because you are a deputy or a priviledged employee that you have the right to view evidence of a pending investigation that you were not part of?!? I think you guys at the jail and in the sheriff’s department are breaking a law or two there. Just keep talking and get you’re department in more trouble than it already is. Second, the lawyers involved in this case have seen the video and in their opinion the video shows excessive force causing injuries that led to death. Being that the victim was incarcerated on a bogus misdemeanor charge and probably shouldn’t have been incarcerated in the first place, the wrongful death suit is appropriate. It was a death that wrongfully occured at the hands of vicious Correctional Officers and compounded by incompetent medical staff. The officer that caused the head injury should be more than upset, he should find another job that doesn’t involve brutal retaliation against inmates in slippers. As far as the County Employees suffering for these actions, GOOD, I hope all of you have to take a pay cut! Maybe that is the only thing that will get you cowards to stop breaking the law and start conducting yourself like law enforcement instead of executioners…….
“Inmates in slippers who assaulted multiple deputies and put one in a choke hold”
There, I fixed it for you.
That must have been one bad ass vagrant. Strong too, I mean he was taking on 6 shepherds and still needed to be tazed. But as we all know, the homeless people of Harford County are all well fed and get free workouts at the local gym. All that NAVY training also makes him dangerous, hell his hands should have been registered as weapons! Not to mention he was in prime fighting shape, being 48 years old and all, I’m surprised it didn’t take you guys 10 shepherds to kill this man! I guess the Judge and Jury will have to take all this in consideration in awarding the lump monetary sum to a bunch of people that have no right to be mad because you guys killed their family member.
So, you have not seen any video of the incident. You are just running your mouth. Well you are free to run your mouth, but try and stick to the facts that you know you can backup.
Hey Okcrejelly,
As a party to a lawsuit, you have a right to see any and all evidence the other side may have. In fact, there are rules provided by the courts to ensure this happens.
As for the lawyers, any plaintiff’s attorney in a case like this would say the video shows excessive force and any defense attorney would say it doesn’t. It is their job to represent their client, after all.
How was the charge bogus? He was arrested for trespassing, and I believe it was on property that posted no trespassing. If that is the case, the charges were justified.
It really seems to me this suit is rather frivolous, though I still think it will settle, though nowhere near the 420 million. I don’t think it is legally possible for anything above 500,000 to be awarded. However, I don’t think anywhere near the 500,000 will be given either. I suspect, in order to save the cost of defending this action, a token settlement will be given, maybe somewhere around 100,000; of which, the plaintiff’s lawyer will get 30+ percent plus some costs, and the rest divided amongst the plaintiffs But that is just my opinion.
Anyways, have a nice day.
Why Paul, Do you mean that trespassing on POSTED PRIVATE PROPERTY is a crime in Harford County? Are You Sure ABOUT THAT!!!! Then ask Sean Marston and Paul Quill why they are allowed to conduct Dog Sniffs on POSTED PRIVATE PROPERTY and it is all right. Christopher Tabone thinks that its all right also, but all of that will change soon and then you bunch of numb nuts will see alot more lawsuits coming from the wrongly convicted citizens of Harford County who had their rights violated by a bunch of lawless lawmen
Hey Touche,
“Why Paul, Do you mean that trespassing on POSTED PRIVATE PROPERTY is a crime in Harford County?” – Yes.
“Are You Sure ABOUT THAT!!!!” – Yes.
“Then ask Sean Marston and Paul Quill why they are allowed to conduct Dog Sniffs on POSTED PRIVATE PROPERTY and it is all right.” Did they have a warrant? Was there probable cause? There are many possibilities why this might have happened.
“Christopher Tabone thinks that its all right also,” – Good.
“but all of that will change soon” – Doubtful.
“and then you bunch of numb nuts” – When someone needs to resort to personal insults, they have already lost their argument.
“will see alot more lawsuits coming” – Ok
“from the wrongly convicted citizens of Harford County” – I would think most were rightly convicted.
“who had their rights violated by a bunch of lawless lawmen” – Doubtful, but you keep thinking that.
Anyways, have a nice day.
Hey Touche,
Also, I looked for some information regarding Sean Marston and the dog sniffing on private property and lo and behold, I found a case. It just so happens that Sean Marston had a search warrant. It also just so happens that the Sean Marston executed the warrant legally. In case you were wondering, the case is Walls v. State, 179 Md. App. 234 (2008). This was a Maryland Court of Special Appeals decision which stated the search was legal.
Do you, Touche, have some other information regarding Sean Marston and his searches…factual information? I would love to see it.
Anyways, have a nice day.
He doesn’t have or know anything. He’s the same idiot who’s been posting on the dagger for years using multiple aliases to smear Marston, Tabone, the task force, SID investigators, the HCSO, Judge Eaves, and anyone else he can think of.
I’m actually surprised it took this long for this troll to pop up on this article. He must’ve had his internet privileges taken away for a few days.
You are incorrect. That case involves an outbuilding that was not specifically described in the warrant. There wasn’t even a dog sniff involved in this case. Please Post RELEVANT information if possible so people don’t get the impression that you know what you are talking about…………….
Hey Touche,
“You are incorrect.” – No, I’m not.
“That case involves an outbuilding that was not specifically described in the warrant.” – On private property.
“There wasn’t even a dog sniff involved in this case.” – an excerpt from the case ‘Detective Marston testified that, on October 26, 2005, he executed the search and seizure warrant at 30 Liberty Street. The backyard at that location was completely fenced in. There was a shed located in the backyard, about 20 to 25 feet from the house. The shed was locked with a padlock. According to Detective Marston, a K–9 dog first scanned the shed and, thereafter, the appellant’s key was used to unlock the padlock. Lawn equipment, drugs, and paraphernalia were found in the shed.’
“Please Post RELEVANT information if possible so people don’t get the impression that you know what you are talking about…………….” – All I posted was relevant.
So, if this wasn’t the case you were referring to, what was the case? Who was charged? When did activity you are referring to allegedly occur? Please, provide some facts, not just your obviously biased opinion.
Anyways, have a nice day.
This case involves a legal dog sniff as a warrant was already issued for the premises. Marston could have cut the locks off and searched to his hearts content and it would have been legal, the dog sniff was overkill. In the case of Matthew Buettner, a dog sniff was carried out illegally by trespassing on the curtilage of private property without a warrant. Marston and his team used this method quite a bit and it is illegal because a JLEO can not obtain probable cause from a method that results in a trespass, which sniffing at at person’s door without a warrant is. Nice try Paul MC, you’ll have to keep digging to make Marston look like a righteous man………….
Hey Stifler’s Mom/Touche,
“This case involves a legal dog sniff as a warrant was already issued for the premises.” – Yes, it does, that is what it states.
“Marston could have cut the locks off and searched to his hearts content and it would have been legal,” – Maybe yes, maybe no.
“the dog sniff was overkill.” – No, the dog sniff was helpful in locating the illegal substances.
“In the case of Matthew Buettner,” – Ahh, finally, you name a case.
“a dog sniff was carried out illegally by trespassing on the curtilage of private property without a warrant.” – Where do you see any evidence of this? Mr. Buettner was convicted of manufacturing/distributing a CDS. Also, Mr. Marston has not been charged with any crimes, hasn’t been arrested, no reports of any constitutional or civil rights violations by Mr. Marston. I am actually wondering what this case has to do with anything, as it isn’t a reported case.
“Marston and his team used this method quite a bit and it is illegal because a JLEO can not obtain probable cause from a method that results in a trespass, which sniffing at at person’s door without a warrant is.” – You are assuming the dog provided the probable cause. It is more likely that the officers already had probable cause and a warrant before they got there or that there were exigent circumstances which required the use of the dog.
“Nice try Paul MC, you’ll have to keep digging to make Marston look like a righteous man………….” – I am not trying to make him look like anything. The facts are what they are. You seem to be trying to make him look corrupt without any evidence to support your claim. Nice try to you.
Anyways, have a nice day.
@okcrejelly
Alright numb nuts, I’ll try to put this as simply as possible. I don’t work at the jail anymore, but I took more pride in doing that job than anything you’ve probably ever done in your life. Next, you are allowed, as a member of the department to view any and all video the department has for as little reason as training purposes. Have you ever watched trutv, the show jail or cops, there’s a whole lot of police video on there, and thats for the public to view. The “first 48” shows video related to ongoing investigations and no one gets in trouble. Where is your logic? And as far as lawyers go, they are turds, they’ll say anything to benifit they’re clinent(refer to any case in judicial history). And to make a statement wishing ill on all county employee’s, well that just proves you’re a jackass. It’s a damn shame that the people that serve the community have to contend with mental midgets such as yourself on a day to day basis.
Hey MAD, get glad, don’t get your panties all bunched up by someone who is obviously trying to get your goat. Ignore the ignorant and you will see that one brain surgeon amongst the rest of the sheeple doesn’t mean the flock is getting smarter, just means one more sheep to throw to the wolves.
“…lawyers involved in this case have seen the video and in their opinion the video shows excessive force causing injuries that led to death.” – lawyers will give any opinion if it will benefit their client..if the “dummy” says the sky is pink, his lawyer will agree! okcrejelly..man up dude!! you’ve obviously have had run ins with the law and been at the jail in the past..get over it! you can complain about this next time they come to your house to pick your ass up!!
As usual, AMUSING!! is using. Using his psychic ability to look into the ding dongs on the dagger. Obviously you have a bad opinion of lawyers, but do you really have the ability to tell if someone has been in jail just because they post an alternate opinion on the DIGGER? Oh the attitude of a PIG, when will you guys ever learn, you were meant to be burned……
Ha ha…well “douche”, im gonna use my so called “psychic ability” and lump you in there as a former guest of the ‘harford hilton’!! you seem to have a lot of pent up aggression towards anything realted to law enforcement…or…well, law period i guess! buts its that attitude that keeps officers in buisness!!
If the plaintiff and his/her attorney had to foot the cost of the trial and all the defense costs if they lost, this type of bogus lawsuit would never see a court room… (anyone remember the coffee that was hot?) Instead, this “lawyer” is free to file any foolishness he chooses in the hopes of a big payday. 420 million dollars… I suppose that’s fair if you base it on the loss of the income he would have generated – assuming he was going to live for say, a half a billion years or so… the saddest part for me is the ease with which they could fill a jury box with idiots that would agree.
Touche – Dumb
And
OKCreJelly – Dummer
Does anyone know the status of this lawsuit? Perhaps the Dagger could do some investigative reporting here and of other Jesse Bane cover-ups?