LOUISVILLE, Ky. — A newly filed lawsuit accused several Louisville Metro Department of Corrections (LMDC) employees of being responsible for a man's death.
The suit is against Louisville Metro Government, former LMDC Director Dwayne Clark, current Director Jerry Collins, the officer who was assigned to oversee Garry Lee Weatherill at the time of his suicide attempt and other LMDC employees.
Attorney Noel Caldwell, the family’s lawyer, said Weatherill's death on Jan. 3, 2022 could have been avoided if he was properly watched.
According to the lawsuit and the LDMC Professional Standards Unit (PSU) Investigation, which Caldwell gave to WHAS11, Weatherill attempted suicide by asphyxiation in his single cell on Dec. 30, 2021. The lawsuit states Weatherill entered the jail only three days prior, on Dec. 27.
The documents state Weatherill was housed in a single cell because he was on a detox protocol and special observation status.
According to the majority of officers and nurses who gave sworn statements in the PSU investigation, this status means incarcerated people must be checked on every 15 minutes.
The investigation reveals some of the observation checks on Dec. 30 ranged from 18 minutes to 43 minutes. The final check before Weatherill was found unconscious was done nine minutes late.
“If it can happen to one person, it can happen to anybody,” Caldwell said. “We expect to hopefully get more answers and hold people, the people responsible, accountable. And most importantly, that this never happens to anyone else who enters that facility or any facility in the state of Kentucky.”
According to the PSU investigation, officers and nurses quickly performed life-saving measures and Weatherill regained a pulse before EMS took him to UofL Hospital where he died.
The investigation also reveals the officer overseeing Weatherill admitted he should have been assigned a dedicated inmate watcher. The officer did not make the request.
Wednesday afternoon, LMDC said it was still reviewing the lawsuit.
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