April 05--GRAND RAPIDS -- A federal court has dismissed a civil lawsuit stemming from the 2007 death of a Benton Harbor man in police custody after leading police on chase in a stolen car and on foot.
All the claims against Benton Harbor, Berrien County and law enforcement officers named in the suit filed by the estate of Doyle M. Jackson were dismissed on the defendants' motion for summary judgment.
The suit filed in 2009 alleged the use of excessive force in arresting Jackson and that he did not get proper medical care in a timely manner. James Jackson, personal representative of Doyle Jackson's estate, had sought damages over $75,000.
U.S. District Court Judge Robert Holmes Bell in a 17-page opinion concluded that the Benton Harbor and county defendants were shielded by qualified immunity.
Police are entitled to the protection unless "no reasonably competent officer would have concluded that the officer's conduct was lawful," according to the opinion.
The court held that there was insufficient evidence to show that Benton Harbor police officers who arrested Jackson after a chase and struggle acted unreasonably under the circumstances.
Claims that Jackson's deteriorating physical condition did not get timely attention by police and sheriff's deputies in the jail were also rejected.
Medic 1 ambulance was dismissed as a defendant in the case Sept. 30. At that time the court delayed ruling on motions for summary disposition filed by Benton Harbor and Berrien County defendants while the parties attempted to settle the case through mediation.
No agreement could be reached, leaving the plaintiff and defendants to wait for the court ruling.
Jackson, 39, died May 29, 2007, at Lakeland Regional Medical Center in St. Joseph hours after he was arrested and jailed for assaulting his girlfriend, attempting to steal her car, then fleeing police and resisting arrest.
An autopsy showed he died as the result of a lacerated liver, an injury apparently suffered when he ran into a large trash container while fleeing police.
Imogene Wade called Benton Harbor police to her house on Pavone Street around 4 a.m. and reported that Jackson had assaulted her. Patrolmen Dustin Blaskie and Jim Wilkins arrived at the scene as Jackson drove off in Wade's car, according to the court opinion.
The officers pursued the vehicle, which Jackson abandoned after crashing into a curb. Jackson then approached Wilkins and tried to take his gun before fleeing on foot, officers said.
A police car camera, shows Jackson running after coming into contact with Wilkins.
With police giving chase, Jackson ran into an alley off Empire Avenue. Just as Blaskie got close enough to discharge a Taser, Jackson ran into the protruding arm of a steel trash container with enough force to cause him to flip backwards, the court opinion said.
Jackson got up and continued to run and was caught by Blaskie and Wilkins. He kept up the struggle and was again stunned and eventually subdued.
According to the facts stated in the court opinion, Jackson declined to go to the hospital. Jackson's mannerisms were interpreted as typical drunken and unruly behavior. He was later taken by ambulance to the hospital, where he died.
Defendants in the case were former Benton Harbor police Chief Al Mingo, city Patrolman Preston Alsup, Blaskie and Wilkins.
Also, Berrien County, Sheriff Paul Bailey, Deputies Jason Uhrick and Ron Uhrick, Deputy Perry Bundy, now retired, Houhuiser and Wilky.
Copyright 2012 - The Herald-Palladium, St. Joseph, Mich.
