OKC settles wrongful death case for $100K
The family of a man who became unresponsive while in police custody and later died has accepted a $100,000 settlement from Oklahoma City.
David Harjo, 59, died in April 2014 from blunt force trauma to the head. His son filed a wrongfuldeath lawsuit against the city claiming Harjo suffered the head injury while in police custody.
The lawsuit, litigated in Oklahoma City federal court, alleged the city was liable due to officers’ negligence.
The city, though, claimed it was unclear when Harjo suffered the fatal injury. In reaching the settlement, the city did not admit liability. No officers were charged with a crime in relation to the incident.
A federal judge approved the settlement last month. The estate’s attorney, Mark Hammons, said the judgment has been paid.
“The death of a family member is traumatic. This brings a sense of resolution to the Harjo family. That was important to them,” Hammons told The Oklahoman Tuesday.
Hammons said the family members are glad “there has been an action taken to attempt to compensate.”
About 8:30 p.m. April 13, 2014, Harjo was taken by ambulance to Deaconess Hospital after complaining of chest pains. When Harjo was going to be discharged shortly before midnight, he still was intoxicated, according to Hammons.
Following protocol, hospital staff called police to take Harjo to a detox center. Harjo was never under arrest, Hammons said.
Officer Jeremiah Thompson arrived and took Harjo to the detox center, U.S. District Judge Timothy D. DeGiusti wrote in a court document.
At Thompson’s request, a second officer, Jonathan Beasley, went to the detox center to help remove Harjo from the police car, according to the judge. The detox center, though, refused to accept Harjo because he was unable to walk on his own, according to the lawsuit.
“A video recording taken by an outdoor security camera at the detox center shows the two officers lifting Mr. Harjo from the back seat of officer Thompson’s patrol car and placing his body on the ground, where it remained until an ambulance arrived,” the judge wrote in the court document.
Harjo was then taken back to the hospital early April 14, 2014. After returning, Harjo was examined and a head injury and brain bleed was discovered, according to the lawsuit. He died April 17, 2014, after being taken to OU Medical Center.
The estate alleged Harjo suffered the head injury while in the custody of Thompson. An abrasion on Harjo’s forehead was first documented by medical staff when he returned to Deaconess Hospital, according to the judge.
“Defendants believe Mr. Harjo had a prior injury that was not visible or was overlooked on his first hospital visit, and his condition gradually deteriorated and went unnoticed by medical providers (possibly due to his intoxication) until he reached the unresponsive state ... at the detox center,” the judge wrote. “Mr. Harjo had already become less responsive before he was placed in the police car.”
Thompson and Beasley were defendants in the lawsuit. All claims against Beasley were later dismissed when it was determined he did nothing wrong, Hammons said.
Last month, parties stipulated that claims against Thompson should be dismissed, records show. Hammons wouldn’t comment on if Thompson agreed to pay a settlement. Thompson’s attorney didn’t return a phone message Tuesday.
Thompson denied striking Harjo at the hospital or detox center.