Clash with prison guards prompts lawsuit
The family of a man who died after a violent clash with prison guards has filed a wrongful death lawsuit against the state of Ohio.
On Dec. 2, 2019, Dewey Mcvay Jr. was brutalized, slammed against a cell wall and pounded with hammer fist blows while handcuffed, the lawsuit alleges. He died 18 days later.
Mcvay, 55, was one of several men who died over a two-year period while incarcerated at Correctional Reception Center in Pickaway County. The center is where thousands of inmates are evaluated and assigned security levels before moving to other prisons.
Multiple employees witnessed the misconduct but failed to intervene or report it, according to the lawsuit filed in the Ohio Court of Claims. It also alleges that Ohio Department of Rehabilitation and Correction nurses failed to do a complete exam of Mcvay for head injuries.
The agency said it does not comment on pending litigation.
Mcvay’s estate filed the lawsuit following an investigation by the USA TODAY Network Ohio Bureau into problems at the prison, which included previously undisclosed details about Mcvay’s death. Hundreds of pages of documents show problems with substandard medical care, security camera blind spots and staffing issues.
Mcvay’s medical treatment and death were investigated by the Ohio Highway Patrol, which referred the case to Pickaway County Prosecutor Judy Wolford. She declined to bring charges, saying Mcvay had a history of banging his head against the wall.
Mcvay was a long-time prisoner known for emotional outbursts. The lawsuit alleges that staff should have de-escalated their interaction with him, rather than rush into his cell.
Nine inmates have died at the prison in the past two years. In February, Michael Mcdaniel was removed from his cell by two guards and taken into a blind spot where a violent fight broke out. Mcdaniel and the two guards toppled to the floor and then other staff rushed to help subdue him.
While escorting the handcuffed 55year-old, prison staff repeatedly dropped him to the ground, tackled him into a snow bank and bumped him into a door frame. He collapsed and died that day.
Wolford also declined to bring charges in the Mcdaniel case. The Mcdaniel family hired attorney John Waddy Jr., who said he plans to file suit soon.
The state prisons department has said it has taken steps to address issues at the Correctional Reception Center, including:
h Adding more cameras and storage capacity.
h Emphasizing de-escalation tactics for staff.
h Strengthening suicide prevention efforts.
h Changing leadership at the Correctional Reception Center.
h Holding staff accountable when they don’t meet expectations.
Laura Bischoff is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.