Latest news with #RathodMohamedbhai
Yahoo
27-03-2025
- Yahoo
Family says man died after being injured then neglected for a week by rural Colorado jailers
DENVER (AP) — A 69-year-old man slowly suffocated to death in a rural Colorado jail after his ribs were broken during an altercation with a deputy and he languished in a cell for a week without medical care, according to a lawsuit announced by the man's family Thursday. The 2023 death of Michael Burch was ruled a homicide. Following a state investigation, prosecutors decided not to bring criminal charges against the deputy who used a Taser on Burch and wrestled with him in a Huerfano County jail cell. District Attorney Henry Solano noted there was 'sufficient information' that the deputy could say he acted in self-defense. An autopsy report found six of Burch's right ribs had broken and his right lung collapsed after the altercation with the deputy. He wasn't taken to a hospital but instead was transferred to another cell where he was found dead seven days later. 'The simple act of breathing became so painful as Mr. Burch's shattered ribs continued to pierce and tear through his organs that his body stopped using his right lung, which shrank to half the normal size,' lawyers for Burch's estate said in the federal lawsuit. It named as defendants the Huerfano County commissioners, sheriff's office, individual sheriff's officials, paramedics and the hospital they worked for as well as nurses and the nonprofit company contracted to provide health care to jail inmates. The lawsuit accuses them of causing Burch's fatal injuries and not doing anything to treat them, violating his constitutional rights. A lawyer representing the county and sheriff's office, Eric Ziporin, declined to comment. A spokesperson for Spanish Peaks Regional Health Center, Stacy Cristelli, said the hospital could not comment because of patient privacy but would defend itself in court. Lawyers for Burch's family from the firm Rathod Mohamedbhai said they were not aware of anyone being disciplined or fired in connection with Burch's death. Burch was tackled after he refused to drop a pencil he had been given to take notes in the cell. A deputy had warned him 'Drop it or we'll drop you', according to body camera footage. Once the Taser was used, Burch began to charge at the deputy and the video, which becomes obscured, shows him going to the ground near a steel bench in the cell and his arms being held by the deputy. The lawsuit says Burch was tackled into the bench, which it says broke his ribs. Burch, a former California prison guard, was arrested on March 25, 2023, after a series of erratic acts, including driving up to the home of two strangers and swinging a rubber mallet around, that the lawsuit claims was caused by his deteriorating mental health. Burch's mental health was not evaluated when he arrived at the jail, the lawsuit claims, although video captured another sheriff's official signaling he was crazy by stirring her finger next to her head after he was hit with the Taser and tackled on March 28, 2023. The inmate screamed and moaned as the deputy then used a knee to keep Burch on the ground when he was accused of resisting. Later he appeared calmer when he was evaluated by paramedics. He told them that his ribs had been crushed and said he wanted to go to the hospital but the paramedics did not evaluate his chest, according to the lawsuit. Body camera footage shows one paramedic saying he was going to check out his right side but it was not clear from the footage what he did. Burch was not taken to the hospital, the lawsuit said, but moved to a neighboring cell, where the blurry window in the door was temporarily covered by plastic that said 'warning security and safety zone', which was also captured on video. After Burch told a sheriff's captain that he barely survived the night on April 1, 2023, he was seen over video by a contracted nurse in Mississippi but she did not ask to see Burch's chest, the lawsuit said, instead focusing her attention on his mental health. Three days later, Burch was found dead on the concrete floor of his cell.
The Independent
27-03-2025
- The Independent
Family says man died after being injured then neglected for a week by rural Colorado jailers
A 69-year-old man slowly suffocated to death in a rural Colorado jail after his ribs were broken during an altercation with a deputy and he languished in a cell for a week without medical care, according to a lawsuit announced by the man's family Thursday. The 2023 death of Michael Burch was ruled a homicide. Following a state investigation, prosecutors decided not to bring criminal charges against the deputy who used a Taser on Burch and wrestled with him in a Huerfano County jail cell. District Attorney Henry Solano noted there was 'sufficient information' that the deputy could say he acted in self-defense. An autopsy report found six of Burch's right ribs had broken and his right lung collapsed after the altercation with the deputy. He wasn't taken to a hospital but instead was transferred to another cell where he was found dead seven days later. 'The simple act of breathing became so painful as Mr. Burch's shattered ribs continued to pierce and tear through his organs that his body stopped using his right lung, which shrank to half the normal size,' lawyers for Burch's estate said in the federal lawsuit. It named as defendants the Huerfano County commissioners, sheriff's office, individual sheriff's officials, paramedics and the hospital they worked for as well as nurses and the nonprofit company contracted to provide health care to jail inmates. The lawsuit accuses them of causing Burch's fatal injuries and not doing anything to treat them, violating his constitutional rights. A lawyer representing the county and sheriff's office, Eric Ziporin, declined to comment. A spokesperson for Spanish Peaks Regional Health Center, Stacy Cristelli, said the hospital could not comment because of patient privacy but would defend itself in court. Lawyers for Burch's family from the firm Rathod Mohamedbhai said they were not aware of anyone being disciplined or fired in connection with Burch's death. Burch was tackled after he refused to drop a pencil he had been given to take notes in the cell. A deputy had warned him 'Drop it or we'll drop you', according to body camera footage. Once the Taser was used, Burch began to charge at the deputy and the video, which becomes obscured, shows him going to the ground near a steel bench in the cell and his arms being held by the deputy. The lawsuit says Burch was tackled into the bench, which it says broke his ribs. Burch, a former California prison guard, was arrested on March 25, 2023, after a series of erratic acts, including driving up to the home of two strangers and swinging a rubber mallet around, that the lawsuit claims was caused by his deteriorating mental health. Burch's mental health was not evaluated when he arrived at the jail, the lawsuit claims, although video captured another sheriff's official signaling he was crazy by stirring her finger next to her head after he was hit with the Taser and tackled on March 28, 2023. The inmate screamed and moaned as the deputy then used a knee to keep Burch on the ground when he was accused of resisting. Later he appeared calmer when he was evaluated by paramedics. He told them that his ribs had been crushed and said he wanted to go to the hospital but the paramedics did not evaluate his chest, according to the lawsuit. Body camera footage shows one paramedic saying he was going to check out his right side but it was not clear from the footage what he did. Burch was not taken to the hospital, the lawsuit said, but moved to a neighboring cell, where the blurry window in the door was temporarily covered by plastic that said 'warning security and safety zone', which was also captured on video. After Burch told a sheriff's captain that he barely survived the night on April 1, 2023, he was seen over video by a contracted nurse in Mississippi but she did not ask to see Burch's chest, the lawsuit said, instead focusing her attention on his mental health. Three days later, Burch was found dead on the concrete floor of his cell.
Associated Press
27-03-2025
- Associated Press
Family says man died after being injured then neglected for a week by rural Colorado jailers
DENVER (AP) — A 69-year-old man slowly suffocated to death in a rural Colorado jail after his ribs were broken during an altercation with a deputy and he languished in a cell for a week without medical care, according to a lawsuit announced by the man's family Thursday. The 2023 death of Michael Burch was ruled a homicide. Following a state investigation, prosecutors decided not to bring criminal charges against the deputy who used a Taser on Burch and wrestled with him in a Huerfano County jail cell. District Attorney Henry Solano noted there was 'sufficient information' that the deputy could say he acted in self-defense. An autopsy report found six of Burch's right ribs had broken and his right lung collapsed after the altercation with the deputy. He wasn't taken to a hospital but instead was transferred to another cell where he was found dead seven days later. 'The simple act of breathing became so painful as Mr. Burch's shattered ribs continued to pierce and tear through his organs that his body stopped using his right lung, which shrank to half the normal size,' lawyers for Burch's estate said in the federal lawsuit. It named as defendants the Huerfano County commissioners, sheriff's office, individual sheriff's officials, paramedics and the hospital they worked for as well as nurses and the nonprofit company contracted to provide health care to jail inmates. The lawsuit accuses them of causing Burch's fatal injuries and not doing anything to treat them, violating his constitutional rights. A lawyer representing the county and sheriff's office, Eric Ziporin, declined to comment. A spokesperson for Spanish Peaks Regional Health Center, Stacy Cristelli, said the hospital could not comment because of patient privacy but would defend itself in court. Lawyers for Burch's family from the firm Rathod Mohamedbhai said they were not aware of anyone being disciplined or fired in connection with Burch's death. Burch was tackled after he refused to drop a pencil he had been given to take notes in the cell. A deputy had warned him 'Drop it or we'll drop you', according to body camera footage. Once the Taser was used, Burch began to charge at the deputy and the video, which becomes obscured, shows him going to the ground near a steel bench in the cell and his arms being held by the deputy. The lawsuit says Burch was tackled into the bench, which it says broke his ribs. Burch, a former California prison guard, was arrested on March 25, 2023, after a series of erratic acts, including driving up to the home of two strangers and swinging a rubber mallet around, that the lawsuit claims was caused by his deteriorating mental health. Burch's mental health was not evaluated when he arrived at the jail, the lawsuit claims, although video captured another sheriff's official signaling he was crazy by stirring her finger next to her head after he was hit with the Taser and tackled on March 28, 2023. The inmate screamed and moaned as the deputy then used a knee to keep Burch on the ground when he was accused of resisting. Later he appeared calmer when he was evaluated by paramedics. He told them that his ribs had been crushed and said he wanted to go to the hospital but the paramedics did not evaluate his chest, according to the lawsuit. Body camera footage shows one paramedic saying he was going to check out his right side but it was not clear from the footage what he did. Burch was not taken to the hospital, the lawsuit said, but moved to a neighboring cell, where the blurry window in the door was temporarily covered by plastic that said 'warning security and safety zone', which was also captured on video. After Burch told a sheriff's captain that he barely survived the night on April 1, 2023, he was seen over video by a contracted nurse in Mississippi but she did not ask to see Burch's chest, the lawsuit said, instead focusing her attention on his mental health.
Yahoo
07-03-2025
- Yahoo
Llano County, former librarian Suzette Baker reach settlement in wrongful termination suit
Llano County has agreed to settle a lawsuit over its firing of librarian Suzette Baker amid a pressure campaign to remove several books from its public libraries, according to a Thursday court filing. While the county and Baker have tentatively agreed to the "material terms" of the settlement, details will not be made public until they are finalized, Baker's attorney told the American-Statesman. "We are pleased that defendants were willing to resolve this matter relatively early on in the litigation," said attorney Iris Halpern of Rathod Mohamedbhai, a firm based in Colorado, in response to an inquiry from the Statesman. The tentative agreement signals the end of a yearlong legal battle in U.S. District Court between Baker and Llano County officials, whom she accused of firing her in 2022 because she refused to pull library materials that a group of conservative activists had deemed inappropriate for children, some of which focused on race and LGBTQ+ experiences. The county eventually removed 17 books, ranging from the children's book 'I Broke My Butt!' to the nonfiction work 'Caste: The Origins of Our Discontent.' Outside of Baker's lawsuit, the county is still facing a federal First Amendment lawsuit over the book removals. The book removal campaign and resulting litigation have drawn national attention to Llano, a rural Texas community in the Hill Country about 80 miles northwest of Austin. The settlement announcement comes a day before a documentary film about Baker's story will be featured in the South by Southwest festival. Showings will take place Saturday and Sunday in Austin. Baker, a 57-year-old veteran and mother of five adult children, has worked as a cashier at a hardware store for the past year. In August, an Austin federal judge denied the county's motion to dismiss the lawsuit, making clear that officials would have to settle or take the case to trial. U.S. District Judge Robert Pitman wrote in the August order that Baker had plausible claims for First Amendment retaliation, wrongful termination and employment discrimination. The parties will notify the court of a final settlement and ask for the case to be dismissed within 45 days, as per Thursday's filing. Baker had sought back pay, attorney's fees and an injunction ordering the county to cease behavior that discriminates against minorities and suppresses residents' First Amendment rights in the lawsuit. The defendants in the case — the county, the Commissioners Court, the county's library director and several community activists who were appointed to the Library Advisory Board during the push for book removals — had categorically rejected Baker's claims for legal relief in their June 4 motion to dismiss the suit. Llano County did not immediately respond to the Statesman's request for comment. This article originally appeared on Austin American-Statesman: Texas county settles with librarian who sued over book-removal firing
