Lawsuit Moves Forward In Police Custody Death Of Former NFL Player In West Alabama

TUSCALOOSA, AL — A federal judge on Thursday ruled that a wrongful death lawsuit in the case of former NFL lineman Glenn Foster Jr., who died three years ago in police custody in Pickens County, can move forward under the claims of excessive force and failure to intervene.

Click here to subscribe to our free daily newsletter and breaking news alerts.

Represented by Birmingham-based law firm DiCello Levitt, the lawsuit alleges that Pickens County law enforcement excessively assaulted, battered, strangled and ultimately killed Foster — who played college football at Illinois and defensive end for two seasons for the New Orleans Saints and appeared in 17 games during the 2013 and 2014 seasons.

United States District Judge Annemarie Carney Axon is presiding over the case in the U.S. District Court for the Northern District of Alabama.

Foster, originally from Chicago, was the father of four young children and attorneys representing his family argue that the former professional football player was denied access to medical treatment. Friday marks the third anniversary of Foster’s death.

The Reform Police Department said at approximately 11:10 p.m. on Dec. 3, 2021, officers observed a 2020 Black Jeep Wrangler on Highway 82 in Reform traveling at a high rate of speed. The jeep was later determined to be driven by Foster Jr. — 31 at the time and a resident of Baton Rouge, Louisiana — and claimed he was clocked on radar at 92 mph in a 45 mph zone.

The officers claimed that after attempting to make a traffic stop, Foster increased his speed in an attempt to elude officers before Pickens County Sheriff's deputies entered the pursuit, driving eastbound on Highway 82 and leaving Reform in the direction of Gordo.

Three civilian cars were reportedly almost struck by Foster's jeep and as the pursuit entered Gordo, an officer with the Gordo Police Department deployed spike strips on the highway, making contact with Foster's vehicle.

The vehicle was reportedly stopped by a rolling road block but Foster allegedly drove off the roadway to avoid patrol cars and traveled through the parking lot of a Gordo pharmacy and behind the business before striking a metal railing around a drainage ditch and two large curbs.

Officers then said they approached the vehicle on foot along the driver's side door after the vehicle was stopped and Foster was directed to exit the Jeep as officers attempted to identify him.

Foster was accused of exiting the vehicle but failing to comply with putting his hands behind his back as an attempt to detain him. He was reportedly placed on the ground and handcuffed, with his identity determined through information located in the vehicle.

The Reform Police Department claimed at the time that officers on scene did not strike Foster, nor did they deploy pepper spray or a taser during the arrest. He was reportedly placed in a handcuffing position with his hands behind his back without any further incident.

After an ambulance arrived at the scene to assess Foster's condition, he was then transported to the Pickens County Jail in Carrollton and booked on three counts of reckless endangerment, attempting to elude and resisting arrest. Foster was also issued traffic citations for speeding, driving while suspended and driving on the wrong side of the road.

The Reform Police Department also said that while being booked at the jail, Foster was not cooperative in answering the jailer's booking questions but there was no physical altercation during the booking process.

The day after the pursuit, Reform Police Chief Richard Black said that he made contact with Foster's family to advise them of his incarceration and to make arrangements for his bond

The Reform Police Department says Foster's family arrived in Reform on Sunday, Dec. 5 at approximately 2 p.m. and met with Chief Black and the Reform Municipal Court Clerk.

The family posted bond for Foster and by judge's order, as a condition of his bond to be released, RPD was directed to transport Foster transport to UAB Medical Center in Birmingham for any medical assessment that may be needed.

Upon the arrival of Reform Police Department for transport, along with Foster's family, at the Pickens County Jail, Chief Black said he was informed by a Pickens County Sheriff's deputy that Reform Police Department would be unable to pick up Foster at the jail.

RPD claims it was informed that the Pickens County Sheriff's Office had placed a hold on Foster and would not release him, saying he was bonded out for the Reform Police Department and the Pickens County Sheriff's Office rebooked him on another set of charges.

Attorneys for Foster's family insist that on Dec. 3, 2021, during the initial traffic stop for alleged reckless driving, officers with the Reform Police Department wrestled him to the ground, slamming his head into the concrete.

What's more, the attorneys in the wrongful death lawsuit allege that Foster was "tortured" for more than 24 hours while he was in the custody of the Pickens County Jail.

Indeed, he was scheduled to undergo an urgent medical evaluation on Dec. 6, 2021, but in the process of being transported, attorneys claim Pickens County Sheriff's deputies violently forced Foster into a police transport vehicle, causing him to sustain neck injuries that later contributed to his untimely death.

He died a short time later at DCH's Northport Medical Center.

It was widely reported at the time that an autopsy showed Foster's likely cause of death was neck compressions and strangulation. The lawsuit alleges that by the time Foster arrived at the hospital, he was "unresponsive, was foaming at the mouth and nostrils and had discolored skin."

He died approximately 30 minutes after arriving at the hospital and following failed attempts to revive him with chest compressions.

“Mr. Foster’s death was barbaric," said DiCello Levitt Partner Ken Abbarno, who along with DiCello Levitt Partner Diandra "Fu" Debrosse and co-counsel Ben Crump are representing Foster's family. "He was stripped naked, tased repeatedly, choked to the point of unconsciousness, and denied access to medical treatment. Today’s ruling allows us to continue our fight to show Mr. Foster died as a direct result of law enforcement’s excessive use of force and failure to intervene.”

Have a news tip or suggestion on how I can improve Tuscaloosa Patch? Maybe you're interested in having your business become one of the latest sponsors for Tuscaloosa Patch? Email all inquiries to me at ryan.phillips@patch.com