Yuma Sun

Lawsuit: Mentally ill man froze to death at an Alabama jail

- BY KIM CHANDLER

MONTGOMERY, Ala. – A mentally ill man froze to death at an Alabama jail, according to a lawsuit filed by the man’s family who say he was kept naked in a concrete cell and believe he was also placed in a freezer or other frigid environmen­t.

Anthony Don Mitchell, 33, arrived at a hospital emergency room with a body temperatur­e of 72 degrees (22 degrees Celsius), and was pronounced dead hours later, according to the lawsuit. He was brought to the hospital on Jan. 26 from the Walker County Jail, where he’d been incarcerat­ed for two weeks.

An emergency room doctor, who tried unsuccessf­ully to revive Mitchell, wrote, “I do believe hypothermi­a was the ultimate cause of his death,” according to the lawsuit filed Monday by Mitchell’s mother in federal court.

Mitchell, who had a history of drug addiction, was arrested Jan. 12 after a cousin asked authoritie­s to do a welfare check on him because he was rambling about portals to heaven and hell in his home and appeared to be suffering a mental breakdown. Jail video shows Mitchell was kept naked in a concrete-floored isolation cell, according to the lawsuit. The lawsuit speculates that Mitchell was also placed in the jail kitchen’s “walk-in freezer or similar frigid environmen­t and left there for hours” because his body temperatur­e was so low.

“It is clear that Tony’s death was wrongful, the result of horrific, malicious abuse and mountains of deliberate indifferen­ce,” Jon C. Goldfarb, a lawyer representi­ng the family, wrote in the lawsuit. “Numerous correction­s officers and medical staff wandered over to his open cell door to spectate and be entertaine­d by his condition.”

The lawsuit also accuses the sheriff’s office of a cover-up. The sheriff’s office issued a statement after the death saying Mitchell “was alert and conscious when he left the facility.” Jail security footage provided to The Associated Press by lawyers for Mitchell’s mother shows officers carrying Mitchell’s limp body to a transport car, then putting him on the ground before placing him in the car.

The suit names Walker County Sheriff Nick Smith and jail officers as defendants.

Lawyers representi­ng the Walker County Sheriff’s Office said it could not comment before the conclusion of a requested investigat­ion. The sheriff’s office, following routine procedures, contacted the State Bureau of Investigat­ion after Mitchell’s death to ask for the investigat­ion, according to a statement from Jackson, Fikes & Brakefield.

“The WCSO offers and extends its condolence­s to the family of Mr. Mitchell and asks for your support and patience for the men and women of the WCSO,” the firm wrote in the statement.

A photo of of Mitchell being arrested was posted by the sheriff’s office on its Facebook page, adding that Mitchell “brandished a handgun, and fired at least one shot at deputies” before running into the woods.

The photo shows Mitchell’s face is painted black. According to the lawsuit, officers told a family member that Mitchell said he spray painted his own face black in preparatio­n to enter the portal to hell. An officer told family members they planned “to detox him and then ‘we’ll see how much of his brain is left,’ or words to that effect,” according to the suit.

According to the lawsuit, a doctor wrote in emergency room notes that Mitchell was “unresponsi­ve apneic and pulseless and cold to the touch” when he arrived.

“I am not sure what circumstan­ces the patient was held in incarcerat­ion but it is difficult to understand a rectal temperatur­e of 72° F 22° centigrade while someone is incarcerat­ed in jail. The cause of his hypothermi­a is not clear. It is possible he had a underlying medical condition resulting in hypothermi­a. I do not know if he could have been exposed to a cold environmen­t,” the lawsuit quotes the doctor as writing.

 ?? IN THIS UNDATED PHOTO PROVIDED BY MARANDA MITCHELL MARANDA MITCHELL VIA AP ?? shows Anthony Mitchell, 33, of Carbon Hill, Ala.
IN THIS UNDATED PHOTO PROVIDED BY MARANDA MITCHELL MARANDA MITCHELL VIA AP shows Anthony Mitchell, 33, of Carbon Hill, Ala.

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