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Dying Inside: Litigation Patterns for Deaths in Jail Custody.

Taleed El-Sabawi1,2, Shelly R Weizman1, Somer M Brown1

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Journal of Correctional Health Care : the Official Journal of the National Commission on Correctional Health Care
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PubMed
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Jail deaths result in millions in litigation. Officer use of force cases yield highest awards, while suicide and illness remain leading causes of death, particularly within the first 24 hours of custody.

Keywords:
deathsjailslitigationmental healthsubstance use

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Area of Science:

  • Public Health
  • Legal Studies
  • Criminology

Background:

  • Annual private litigation against jails totals millions of dollars.
  • Deaths in jail custody lead to numerous legal cases filed by estates.
  • Existing data on jail death litigation is fragmented and difficult to analyze.

Purpose of the Study:

  • To analyze a novel dataset of lawsuits filed against jails due to in-custody deaths.
  • To quantify the financial impact of jail death litigation.
  • To identify the leading causes of death and associated litigation outcomes.

Main Methods:

  • Development of a novel dataset from dockets and case reports of jail death litigation.
  • Analysis of plaintiffs' awards totaling over $292 million.
  • Categorization of deaths by cause, including use of force, suicide, illness, and substance-related issues.

Main Results:

  • Total plaintiffs' awards exceeded $292 million.
  • Cases involving officer use of force had the highest average award ($2,243,079).
  • Suicide is the most common cause of death, followed closely by physical illness complications. Nearly 20% of cases were drug or alcohol-related.

Conclusions:

  • Litigation over jail deaths represents a significant financial burden.
  • Officer use of force results in substantial legal awards.
  • Suicide, illness, and substance abuse are critical areas for intervention to reduce jail deaths and subsequent litigation, especially in the initial 24 hours of confinement.