Wrongful death suit filed after man dies in police custody

The children of a man who died in Columbus Police Department custody last year have filed a federal wrongful death suit against the city.

The suit, filed in the Northern District of Mississippi on May 2, alleges two CPD officers failed to render medical aid to Michael Guyton, 56, of St. Cloud, Florida, who was complaining of chest pain after his arrest on Feb. 3, 2022. In addition to the wrongful death claim, the suit alleges outrageous conduct, negligence, gross negligence and recklessness on the part of the responding officers.

It names the city of Columbus, former Police Chief Fred Shelton and officers Rodreiuz Porter and Jameson Holder as defendants.

The Mississippi Bureau of Investigation was called in to handle the investigation. Shelton told The Dispatch at the time CPD procedure is to have MBI look into in-custody deaths.

In the complaint, which is only one side of a legal argument, Lexington, Mississippi-based attorney Marc Boutwell claims Guyton was arrested after "trying to de-escalate a situation between (Holder) and his elderly mother" at Glenn's BBQ.

The arrest occurred at 4:30 p.m., Boutwell wrote, and 15 minutes later Guyton "… informed (Porter) … that he was at the neurologist earlier in the day and was having tremors, that he was having severe neck, back and shoulder/arm pain, and that he needed medical attention …"

He asked Porter to contact medical services, Boutwell wrote, and Porter told him medical services would be there shortly. At 4:55 p.m. Porter "… had a short interaction with (Guyton) but still did not call EMS."

Porter left the scene in his police vehicle to take Guyton to the Lowndes County Adult Detention Center for booking. Along the way he asked Guyton a question and did not get a response.

At 5:21 p.m. Porter noticed Guyton was having a medical emergency, Boutwell wrote.

"By the time (Porter and Holder) could get (Guyton) from the car and get EMS on scene, (Guyton) died," Boutwell wrote. The officers "… deliberately ignored (Guyton's) medical condition for 36 minutes after they told (Guyton) EMS was on their way."

Boutwell alleges the city has failed to properly oversee CPD, creating "… an undisciplined, under-supervised and under-trained police force."

CPD has developed "… a practice whereby officers … have been permitted to go on patrol ignorant of how to identify and respond to medical emergencies they might encounter while arresting or detaining persons whose Constitutional rights are then violated for lack of medical care while in custody," Boutwell wrote.

The city has an obligation to properly train police, Boutwell wrote.

"(Columbus) has a Constitutional duty to hire, train, supervise (and) implement policy in accord with the Constitution," Boutwell wrote.

"To educate as to policy guidelines and discipline officers that it employs to ensure no persons are denied rights guaranteed under the U.S. Constitution."

The lawsuit asks for "reasonable" compensatory damages for Guyton's lost income, pain and suffering, mental and emotional distress and funeral expenses. It also asks for punitive damages, as well as court costs and attorney's fees.

City Attorney Jeff Turnage declined to comment when contacted by The Dispatch.

Brian Jones is the local government reporter for Columbus and Lowndes County.

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