Parents of suicide victim file lawsuit against county

"We deny any negligence and will diligently defend the suit," stated Britt Hammond, attorney for Lincoln County.

A lawsuit was filed in Lincoln County Superior Court on Tuesday, January 16, by Lester Davis, and Evelyn Clarke Davis, the parents of Gabriel M. Davis, who committed suicide while incarcerated in the Lincoln County Law Enforcement Center.

The punitive damages, if any, are to be determined by a jury.

According to Sheriff Gerald Lawson, Gabriel Davis was arrested on Saturday, February 19, 2005, and charged with disorderly conduct and two counts of felony obstruction of an officer.

"A deputy went to Mr. Davis' cell to check on him and obtain additional information when he discovered Mr. Davis," the sheriff said. "Paramedics with Lincoln County EMS tried to revive him."

Davis was pronounced dead at 2:24 a.m. by Lincoln County Coroner Paul Reviere.

Named as defendants in the lawsuit are Lincoln County Commission Chairman Walker Norman; commissioners Darrell Henderson, Larry Collins, Mike Hawkes, and Allen Walker; Sheriff Lawson; Deputy Christopher Bailey; and jailers James Haynes and Latrell Mursier.

The commission is being sued in its capacity as fiscal agent for the county

The lawsuit charges that Gabriel Davis "without legal justification or any rational basis, was deprived of his rights guaranteed under the Constitution of the United States and suffered not only physical injury and pain and suffering, but also loss of life."

The document further states that the county is "liable for the misconduct, inadequate training, failure to train, negligent hiring, negligent retention, and negligent supervision of employees" and that Sheriff Lawson "failed to adequately train, supervise, and discipline subordinate law enforcement personnel."

Bailey, Haynes, and Mursier are being sued both individually and in their official capacity as employees of the sheriff's office.

The lawsuit charges that:

(1) Bailey "failed in his legal duties to ensure the following of proper intake procedures set up by Lincoln County..." and "...failed in his duty to report violations of those same procedures to his supervisors upon witnessing the jailer's failure to comply."

(2) Haynes "failed in his duty to comply with the basic intake procedures regarding removal of harmful clothing from inmates upon arrival at the Lincoln County Jail...He also failed to report non-functioning surveillance equipment to his supervisors."

(3) Mursier "failed in her duty to monitor the decedent during his deten- tion, according to the procedures detailed within the Operational Manual of the jail...She also failed to report non-functioning surveillance equipment to her supervisors."

Finally, the lawsuit states that "In an effort to cover up and hide their deficiencies, defendants Gerald Lawson, Christopher Bailey, James Haynes, and Latrell Mursier conspired to misrepresent the facts and circumstances surrounding the intake, supervision, injuries, and damages" suffered by Davis.

The Lincoln County Board of Commissioners held a called meeting on Thursday, January 18, to discuss the lawsuit.

Chairman Norman declined to comment on the matter.