Exhumation Required in Taser Death Lawsuit

The Clarion Ledger in Mississippi has reported that a federal judge has allowed a lawsuit lodged against the city of Jackson in the wrongful death of Rafael Forbes to proceed, following an exhumation of his body and a new autopsy.

The Forbes' family, and their attorney, believes that the exhumation will prove their allegation the he died due to a police officer's Taser jolt.

U.S. District Judge Henry Wingate will only consider dismissal of the case after another autopsy.  The second autopsy was granted by then-Hinds County Circuit Judge Malcolm Harrison in December.

The trial was postponed from December, to wait for the exhumation, in U.S. District Court in Jackson. 

The city had asked Wingate to dismiss the lawsuit, filed by the deceased's mother, Patricia Forbes.  Deputy City Attorney Claire Barker Hawkins said in a motion, "The city of Jackson is entitled to a judgment as a matter of law because plaintiff cannot demonstrate that the City of Jackson has a custom, policy or practice of using excessive use of force with a Taser.  In fact, plaintiff cannot show another incident within the Jackson Police Department where a suspect has died as a result of being tased."

Wingate denied Barker Hawkins motion but told her it could be refilled at a later time.  Barker Hawkins was relieved at this and commented, "It's not a total loss for the city because we get to re-file."

Patricia Forbes, and her attorneys, were given 100 days on January 27 to exhume the body, have the second autopsy completed, and turn in their new medical report.  Also in that window of time, Wingate permitted attorneys to obtain a sworn deposition from then-Jackson police officer Nick Brown.

Officer Brown stands accused of using the Taser on Rafael Forbes that caused his death.

Patricia Forbes has been given an additional 30 days, from the day Brown gives his deposition, to submit an expert report on excessive force.

When a medical expert, employed by the Forbes family, testified that the findings of the 2007 autopsy, completed by Dr. Steven Hayne for the Hinds Count coroner's office, were questionable, the new testing was ordered. 

The city contends that, based on Dr. Hayne's autopsy, that Raphael Forbes died from hypertensive heart disease, morbid obesity and hyperthermia.

Halbert Dockins Jr., the attorney for the Forbes family, in court papers said, "The excessive force exerted by the uniformed officers of the Jackson Police Department, which included beating and tasering Rafael Forbes in a negligent, grossly negligent, reckless, and malicious manner, is the direct and proximate reason Rafael Forbes died on that evening."

The city of Jackson is claiming both immunity, and, that it doesn't permit its officers to use excessive force, in its argument for dismissal.

The incident occurred when Forbes, caught up in a foot pursuit and then apprehended near Claiborne Street, resisted arrest.

According to police accounts his resistance warranted tasering.

After showing signs of shortness of breath, Forbes was taken to Central Mississippi Medical Center, where he succumbed to his injuries.

As well as the autopsy findings, Hinds County Coroner Sharon Grisham-Stewart said that there were no drugs found in Forbes' system.

If someone you loved suffered a wrongful death due to excessive force by law enforcement, you can contact a personal injury attorney by clicking here for our directory.