David Unze

dunze@stcloudtimes.com

A federal appeals court has reinstated a lawsuit that alleged Stearns County correctional officers were negligent when an inmate died in their custody.

The lawsuit, filed after the death of Jerome Deon Ladette Harrell, had been dismissed by U.S. District Court Judge Richard H. Kyle. In an order filed Tuesday, the 8th Circuit Court of Appeals reinstated parts of the lawsuit.

Harrell, 22, had turned himself in to the jail in 2012 because he had outstanding warrants for failing to have proof of motor vehicle insurance. His erratic behavior after he was booked caused jail personnel to decide that Harrell needed a medical review that required restraining him.

Several officers assisted in restraining him, and one used a stun gun to get Harrell to comply. Harrell went into cardiac arrest and died.

Death of Stearns inmate leads to suit

Kyle ruled that the force used by officers was not objectively unreasonable and that those officers weren't deliberately indifferent to Harrell's safety and well-being when he was in the jail.

The circuit court ruled that there was enough evidence of possible "deliberate indifference" to Harrell's medical condition that a jury should be the one to decide whether the officers were negligent. The court also reversed Kyle's ruling that the defendants were entitled to qualified immunity for their actions.

The Court of Appeals ruling sends the case back to U.S. District Court for additional proceedings.

Harell's mother is "reassured" by the decision, said Kenneth Udoibok, the attorney representing Harrell's estate.

"In cases involving the death of black people at the hands of government officials, it is important that juries decide the cases, not judges," Udoibok said. "African-Americans should have confidence that their cases will be heard by a jury of their peers."

Follow David Unze on Twitter @sctimesunze or call him at 255-8740.