A federal wrongful death lawsuit has been filed by relatives of a Kansas jail inmate who died after a sheriff’s deputy allegedly pressed his knee into the handcuffed man’s back for more than a minute.
Legal representatives for Charles Adair’s family announced the civil action Friday while again calling for public disclosure of surveillance footage showing the incident.
The lawsuit, submitted to federal court earlier this month, targets Wyandotte County’s sheriff, the combined government entity for the county and Kansas City, Kansas, plus Richard Fatherley, the deputy facing second-degree murder charges in connection with Adair’s death.
“The public has a right to transparency when someone dies in custody in this manner,” Ben Crump, an attorney who is representing the family, said in a news release.
Both Crump and fellow civil rights lawyer Harry Daniels have been permitted to view the surveillance footage. However, the sheriff’s department has refused to provide the video to The Associated Press following a public records request.
Adair faced arrest last July for misdemeanor warrants stemming from missed court appearances related to traffic infractions. According to a Kansas Bureau of Investigation agent’s affidavit, Adair’s leg required amputation due to severe infection, leading to immediate hospitalization upon arrest.
Medical personnel diagnosed Adair with a bone infection commonly seen in diabetic patients before he could return to jail. A health evaluation also revealed he had schizophrenia, court documents state.
The civil complaint indicates Adair appeared confused and disoriented, with jail staff recognizing that his medical issues “was affecting his brain.”
The fatal incident occurred the next evening after medical staff rewrapped Adair’s leg. He became involved in a dispute with the deputy transporting him back to his cell via wheelchair. Court records show Adair eventually threw himself from the wheelchair.
Back in his cell, Adair was positioned face-down on the lower bunk with his legs and knees touching the floor. Legal documents and the lawsuit indicate he repeatedly screamed “Help!”
The legal filing states that while Adair was following orders, Fatherley “pressed his body weight onto Mr. Adair’s back.” Additional deputies removed Adair’s restraints as Fatherley moved his weight forward.
According to the lawsuit, other law enforcement personnel present failed to step in, and deputies did not adjust their approach to accommodate Adair’s obvious mental health struggles.
The complaint also alleges that Fatherley, currently on administrative leave and released on bail, maintained access to his department email system after being charged, enabling contact with sheriff’s office personnel who witnessed the incident.
Wyandotte County Sheriff’s Capt. Michael Kroening confirmed Fatherley’s email access was terminated April 13 following the lawsuit’s filing. He refused additional comment due to ongoing litigation. County representatives did not respond to requests for comment.
A status hearing in Fatherley’s criminal case is scheduled for next month. His defense attorney, James Spies, has characterized Adair’s death as “a tragic accident” unrelated to his client’s conduct. Spies’ office did not return Friday phone messages.
