‘Likened to torture:’ Lawsuit says man died confined in full-body restraint inside KY jail

The mother of a man in custody at a Kentucky jail is suing the jailer and employees after her son died in a full-body restraint in their care.

Bonnie Dehart filed suit in Montgomery County Circuit Court Sept. 29, against the county’s regional jailer Ian Roberts and 11 employees alleging negligence, wrongful death, battery and negligent training.

Her son, Kevin A. Hall, was incarcerated at the Montgomery County Regional Jail in June 2022.

In the last 15 out of 24 hours of his life, Hall was confined to a WRAP — a restraint system that is similar to a full-body straight jacket — while he believed he was having a heart attack, the lawsuit alleges .

“This is one of the most egregious jail death cases we have ever seen,” Dehart’s attorney, Noel Caldwell, said. “No person should ever have to endure what Kevin Hall did in the last 24 hours of his life. His death was preventable and should have never happened.”

Roberts was not immediately available for comment Thursday. The jail has not filed a response in court.

When used improperly, one United States federal judge likened the restraints’ use to torture.

If correctional facilities use WRAP, policies require them to do medical checks before and after confinement, and every 15 minutes while an individual is restrained.

The Montgomery County Regional Jail staff failed to do so, the lawsuit said. Jail records and logs were fabricated by the staff to claim the medical checks were done and that Hall was monitored, according to the suit.

An investigation into Hall’s death by the Kentucky Department of Corrections revealed none of the staff members were trained in CPR or first aid.

When he was not restrained, staff used a Taser on Hall and threatened with pepperball guns, according to the suit.

What happened to Hall inside the jail

Hall was taken into custody on June 6, 2022, according to the suit.

Court records show Hall was in custody for charges of failure to signal, failure to wear a seatbelt, operating a vehicle while under the influence and failing to produce his driver’s license. He had not been convicted on any of the charges.

On June 9, he was put in the restraint chair because of “behavioral issues” for nearly five hours.

Staff did not medically examine Hall before or after putting him in the restraints, jail records show.

On June 15, Hall told jail and medical staff he thought he was having a heart attack. He was taken to the booking area of the jail and asked to call his mother.

Jail deputy James Adkins reported Hall became aggressive towards staff when asking for the phone, and they attempted to cuff him and “helped” him to the ground, according to the lawsuit.

However jail video footage shows Hall sitting in the booking chair calmly, according to the lawsuit. As Hall extends his arm on a desk, Adkins slaps Hall with an open hand across his head. Hall was then placed into restraints.

Hall was never evaluated for his concerns about having a heart attack.

He called his wife and mother, who he begged for help and repeated that he felt he was having a heart attack. Hall told his wife he loved her.

Dehart requested an ambulance be sent to the jail. When EMS arrived, the jail told them an ambulance was not needed because Hall “is an idiot,” according to the lawsuit. Jail staff sent the ambulance away and refused to allow EMS to check him.

Instead, jail staff used a Taser on Hall multiple times for “behavioral issues” in a closed cell before he was again restrained.

According to the jail’s policies and procedures, the restraint is not used as a form of punishment, the person restrained must never be left alone, and the device be removed immediately upon compliance or complaints of breathing issues.

Hall was kept in the restraint for a period of two hours before he was released. Later that day, a spit hood — a mesh hood to prevent biting or spitting — was put over Hall’s head, and he was handcuffed and restrained in the WRAP again for another two hours.

Twenty-four hours after he first reported his heart attack-like symptoms, staff still had not medically examined Hall . In and out of the restraints, Hall fell on the floor and struck his head, which the jail staff said was intentional.

Jail staff put Hall back in the WRAP system with a hood over his face. They found him unconscious and unresponsive in it about an hour later when they went to check on him.

“The last 45 minutes of Hall’s life were spent confined the WRAP with a hood placed over his head in a room by himself where he was never monitored or checked on by (jail staff) as required by law...,” the lawsuit reads.

Policies violated by the jail, DOC says

The lawsuit claims the jail staff violated state and local regulations, policies and procedures when they left Hall in restraints for nearly 15 hours, turned away an ambulance and denied him medical care.

In addition, the jail staff is seen on the facility’s surveillance footage using a Taser and pepperball guns on Hall while he was handcuffed.

One video clip depicts jail staff in full armor gear using a pepperball gun on Hall while he was in the shower. Another shows staff using the same less-lethal gun on Hall while he was handcuffed as “intimidation” after being let out of the shower.

Jail staff never documented the use of the taser or pepperball gun on Hall in their reports, according to the lawsuit.

While the Kentucky Department of Corrections was not provided video footage, they did find the jail violated numerous state jail standards. Caldwell, the attorney, said if the department had been given the video footage, the jail would have been cited for more violations.

In an August 2022 letter to Roberts, the jailer, the department of corrections found the jail violated security and control policies and that the “observation logs provided reflect inconsistencies with documented times.”

The jail was found in violation due to the fact that none of the employees involved were certified — or even trained — in CPR.

Dehart is suing for actual and punitive damages.