Federal Suit Filed By Mother Whose Son Died In Racine Jail

RACINE, WI — The mother of Malcolm James, the man who died in the custody of the Racine County Jail on June 1, 2021, has filed a federal civil suit against the Racine County Sheriff's Office.

The lawsuit, obtained by Patch through online court records, was filed Friday in the U.S. District Court for the Eastern District of Wisconsin. The lawsuit accuses the Sheriff's Office of "negligent training" for corrections officers, leading to the deprivation of James' rights "either maliciously or by acting with reckless disregard for whether his rights would be violated."

The suit also alleges officers used excessive force against James, and that officers cut off James' airway when they were restraining him to remove prongs from a taser they had just used on him.

An attorney defending the sheriff's office told The Journal Times Tuesday they deny the allegations in the suit, and that multiple reviews of James' death have been continuing.

When James was in the middle of a mental health crisis in his cell, the lawsuit and body camera footage obtained by The Journal Times says and shows he was tased and pepper-sprayed when officers attempted to restrain him.

The sheriff's office said in the weeks after James' death the intervention came to prevent James from hitting his head.

Video obtained by The Journal Times shows multiple officers restraining James as they attempted to remove Taser prongs from his back, and the lawsuit claims the forced position prevented James from breathing for over three minutes.

The Sheriff's Office had initially claimed it was the mental health crisis, where James hit his head against cell walls, that led to his death, but one opinion from the Milwaukee County Medical Examiner's Office concluded James' death was because of asphyxiation.

The Racine County District Attorney in January announced they would not press criminal charges against those involved, saying charges could not be proven beyond a reasonable doubt.

Other opinions cited by the DA in its January decision to not charge disagreed with the Milwaukee County Medical Examiner's conclusion.

"He was a gentle soul," Sherry James, Malcolm's mother, told reporters during a news conference Friday. "He was my eldest son, he was a graduate, he was involved in arts and football. He was just a really good kid."

The Racine County Sheriff's Office unexpectedly released a video on June 23, 2021, with statements suggesting actions James made when he was in the midst of a mental health crisis had a part in his death. The lawsuit claims that those statements were made "with the intention to cover up."

SEE ALSO:

No Criminal Charges In Malcolm James Jail Death: Racine DA

Malcolm James Death: Racine Sheriff Releases Jail Video