Beech Tree News Network

The lawsuit filed by the widow of a man who died while in the Butler County Jail has been dismissed. Named in the suit were Butler County Jailer Terry Fugate, his chief deputy jailer, and two other people regarding the 2012 death of Clifford Dewayne Johnson.

Denise Johnson, the widow of Dewayne Johnson, sued Fugate, Chief Deputy Jailer Rocky Tyree, jail administrator Kelli Fugate, nurse Tessa Fugate and Butler County in U.S. District Court. The suit accused the defendants of being liable for Dewayne Johnson’s death because of deliberate indifference and negligence.

Dewayne Johnson was arrested Dec. 6, 2012, on charges of alcohol intoxication and third-degree criminal trespassing. He was lodged in the Butler County Jail when he reported having shortness of breath. Emergency medical services personnel were called to the jail a total four times regarding Johnson’s medical issues.

The first two calls involved breathing problems and an apparent anxiety attack, while the third call was in response to a report that he had fallen off a bench and hit his head. EMS personnel were called to the jail to treat Johnson a fourth time, on December 8, 2012. EMS was called after Johnson was found unresponsive. He was taken to a hospital in Bowling Green, where he died the next day.

Dewayne Johnson’s widow, who administered his estate, claimed he was suffering from alcohol withdrawal that led to delirium tremens. Representing the estate, attorney Matt Baker argued that Dewayne Johnson should have been hospitalized after EMS technicians were called to respond to his reported breathing problems.

Attorney Stacey Blankenship of Paducah, who represented the Butler County officials, argued that jail staff ensured Dewayne Johnson received medical attention. EMS personnel gave depositions stating that Johnson’s vital signs appeared normal the first three times he was treated by EMS, according to court records.

Blankenship moved for summary judgment in favor of the county, and U.S. Judge Greg Stivers issued an opinion Wednesday that sided with the county.

Stivers found there was no medical advice given by EMS personnel that jail staff failed to follow.

“(Denise) Johnson has presented no evidence to support the argument that Dewayne should have been taken to the hospital by EMS on any of the first three trips EMS made that day,” Stivers wrote. “There has been absolutely no proof that any jail personnel ignored Dewayne’s need for medical care or failed to follow any recommendations of the EMS attendants while he was in custody shortly before his death.”

Stivers wrote that no evidence was provided to prove that Dewayne Johnson’s death was caused by delirium tremens, while a medical expert for the defense testified that Dewayne Johnson died from a spontaneous bleed in the space behind his kidneys.

The condition, referred to in court records as a retroperitoneal bleed, did not make itself apparent during any of the first three visits by EMS, so jail employees could not have anticipated the condition to arise, Stivers wrote.