Charles Adair’s family filed a federal wrongful death lawsuit Friday over his death in a Kansas jail, renewing demands for the public release of video showing what investigators say led to his death while in custody. Adair, arrested last July on misdemeanor warrants for failure to appear, died after deputy Richard Fatherley allegedly knelt on his back for one minute and 26 seconds while he was handcuffed in his cell, according to a Kansas Bureau of Investigation affidavit. Fatherley was charged with second-degree murder; he remains free on bond. Civil rights attorney Ben Crump, representing Adair’s family, said “The public has a right to transparency when someone dies in custody in this manner.” The sheriff’s office declined The Associated Press’s records request for the video, though Crump and co-counsel Harry Daniels have viewed it.
The lawsuit filing comes as civil rights attorneys press for the video’s public release and as the criminal case against Fatherley moves toward a status conference next month.
The Incident and Investigation
According to a Kansas Bureau of Investigation affidavit cited in the lawsuit, Charles Adair’s condition on arrival at the Wyandotte County jail was already precarious. His leg required amputation and was severely infected. A medical screening revealed he had a bone infection associated with diabetes and a diagnosis of schizophrenia. The lawsuit notes he was incoherent, and deputies documented their belief that his medical condition “was affecting his brain.”
After his leg was rewrapped the day following his arrest, Adair got into an argument with the deputy wheeling him back to his cell. He threw himself out of the wheelchair. Once back in his cell, he was placed on his stomach on the bottom bunk with his legs and knees on the ground. According to the lawsuit and court records, he repeatedly yelled “Help!”
The lawsuit alleged that while Adair appeared to be complying with commands, Deputy Fatherley pressed his body weight onto Adair’s back for one minute and 26 seconds. Other deputies removed Adair’s handcuffs while Fatherley shifted his weight forward. According to the lawsuit, none of the other law enforcement officers present intervened, and the deputies failed to adjust their tactics to account for Adair’s documented mental health condition.
The Lawsuit and Transparency Demand
The lawsuit names the Wyandotte County Sheriff’s Office, the unified government for Wyandotte County and Kansas City, Kansas, and Fatherley individually as defendants. Crump and Daniels have both viewed video of the incident but the sheriff’s office has not released it publicly. Crump said the public has a right to transparency when someone dies in custody in this manner.
The lawsuit also alleged that Fatherley, who is on administrative leave and free on bond, was not cut off from his sheriff’s office email after he was charged, allowing him to communicate with other deputies and employees known to be witnesses in the case. Wyandotte County Sheriff’s Captain Michael Kroening said that Fatherley’s email was deactivated on April 13 after the litigation was filed.
Defense and Current Status
Deputy Richard Fatherley was charged with second-degree murder in Adair’s death and remains on administrative leave and free on bond pending trial. His attorney, James Spies, characterized Adair’s death as “a tragic accident” that did not result from Fatherley’s actions. A criminal status conference is scheduled for next month as the case moves forward.