Sudden Deaths in Custody

239 Pages·2006·1.698 MB·English

by  Darrell L. Ross PhD (auth.), Darrell L. Ross PhD, Theodore C. Chan MD (eds.)

Sudden Deaths
in Custody
F O R E N S I C
S C I E N C E - - M E D I C I N E
A N D
Steven B. Karch, MD,SERIES EDITOR
SUDDEN DEATHSIN CUSTODY,edited byDarrell L. Ross and Theodore C. Chan,
2006
THE FORENSIC LABORATORY HANDBOOK:PROCEDURESAND PRACTICE, edited by
Ashraf Mozayani and Carla Noziglia,2006
DRUGSOF ABUSE:BODY FLUID TESTING,edited byRaphael C. Wong
and Harley Y. Tse,2005
A PHYSICIAN’S GUIDE TO CLINICAL FORENSIC MEDICINE:SECOND EDITION,edited by
Margaret M. Stark,2005
FORENSIC MEDICINE OF THE LOWER EXTREMITY:HUMAN IDENTIFICATIONAND TRAUMA
ANALYSISOFTHE THIGH, LEG,AND FOOT,byJeremy Rich, Dorothy E. Dean,
and Robert H. Powers, 2005
FORENSICAND CLINICAL APPLICATIONS OF SOLID PHASE EXTRACTION,byMichael J.
Telepchak, Thomas F. August, and Glynn Chaney, 2004
HANDBOOK OF DRUG INTERACTIONS:A CLINICALAND FORENSIC GUIDE,edited by
Ashraf Mozayani and Lionel P. Raymon, 2004
DIETARY SUPPLEMENTS:TOXICOLOGYAND CLINICAL PHARMACOLOGY,edited
byMelanieJohns Cupp and Timothy S. Tracy, 2003
BUPRENOPHINE THERAPY OF OPIATE ADDICTION, edited by Pascal Kintz
and Pierre Marquet, 2002
BENZODIAZEPINES AND GHB: DETECTIONAND PHARMACOLOGY, edited by
Salvatore J.Salamone, 2002
ON-SITE DRUG TESTING, edited by Amanda J. Jenkins and Bruce A. Goldberger,
2001
BRAIN IMAGING IN SUBSTANCE ABUSE:RESEARCH, CLINICAL,AND FORENSIC APPLICATIONS,
edited byMarc J. Kaufman,2001
TOXICOLOGYAND CLINICAL PHARMACOLOGY OF HERBAL PRODUCTS, edited
byMelanieJohns Cupp,2000
CRIMINAL POISONING:INVESTIGATIONAL GUIDEFOR LAW ENFORCEMENT, TOXICOLOGISTS,
FORENSIC SCIENTISTS,AND ATTORNEYS,byJohn H. Trestrail, III,2000
S D
UDDEN EATHS
C
IN USTODY
Edited by
Darrell L. Ross,
PhD
Department of Criminal Justice, East Carolina University, Greenville, NC
Theodore C. Chan,
MD
Department of Emergency Medicine, University of California, San Diego, CA
© 2006 Humana Press Inc.
999 Riverview Drive, Suite 208
Totowa, New Jersey 07512
www.humanapress.com
All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any
form or by any means, electronic, mechanical, photocopying, microfilming, recording, or otherwise without
written permission from the Publisher.
The content and opinions expressed in this book are the sole work of the authors and editors, who have war-
ranted due diligence in the creation and issuance of their work. The publisher, editors, and authors are not
responsible for errors or omissions or for any consequences arising from the information or opinions presented
in this book and make no warranty, express or implied, with respect to its contents.
This publication is printed on acid-free paper. ∞
ANSI Z39.48-1984 (American Standards Institute) Permanence of Paper for Printed Library Materials.
Production editor: Robin B. Weisberg
Cover design by Patricia F. Cleary
For additional copies, pricing for bulk purchases, and/or information about other Humana titles, contact
Humana at the above address or at any of the following numbers: Tel.: [phone]; Fax: 973-256-
8341; E-mail: [email protected]; or visit our Website: www.humanapress.com
Photocopy Authorization Policy:
Authorization to photocopy items for internal or personal use, or the internal or personal use of specific
clients, is granted by Humana Press Inc., provided that the base fee of US $30.00 per copy is paid directly
to the Copyright Clearance Center at 222 Rosewood Drive, Danvers, MA 01923. For those organizations
that have been granted a photocopy license from the CCC, a separate system of payment has been
arranged and is acceptable to Humana Press Inc. The fee code for users of the Transactional Reporting
Service is: [1-58829-475-7/06 $30.00].
Printed in the United States of America. 10 9 8 7 6 5 4 3 2 1
E-ISBN 1-59745-015-4
Library of Congress Cataloging-in-Publication Data
Sudden deaths in custody / edited by Darrell L. Ross, Theodore C. Chan.
p. ; cm. -- (Forensic science and medicine)
Includes bibliographical references and index.
ISBN 1-58829-475-7 (alk. paper)
1. Arrest (Police methods)--Health aspects--United States.
2. Restraint of prisoners--United States. 3. Prisoners--United
States--Death. 4. Sudden death--United States. 5. Violent deaths
--United States. I. Ross, Darrell L. (Darrell Lee), 1951- .
II. Chan, Theodore C. III. Series.
[DNLM: 1. Death, Sudden--etiology. 2. Restraint, Physical
--adverse effects. 3. Forensic Medicine--methods. 4. Police.
5. Prisoners. 6. Violence. W 825 S976 2006]
HV8143.S88 2006
614'.1--dc22
2005013427
Preface
Sudden in-custody restraint deaths have emerged as a critical and impor-
tant problem for police, correctional, and medical care workers. The scope
and magnitude of the problem clearly reveals that the subject matter is worthy
of further consideration. Although the frequency of these deaths is very low,
the criticality of its occurrence requires attention to the subject matter. The
purpose of Sudden Deaths in Custody is to provide current information that
addresses the issue from a number of perspectives. It is our purpose to
assemble, under one title, current research that addresses the varying facets
that underscore the nature of sudden in-custody deaths. The intent is to
provide information that can further educate and assist those officers, admin-
istrators, investigators, trainers, and medical personnel who must interact,
intervene, and make decisions about how to prevent sudden in-custody deaths.
Sudden Deaths in Custody specifically addresses sudden in-custody deaths
that occur after a violent confrontation. Such incidents may occur after police
or correction officers’ intervention, but also include incidents that may occur
in a mental health facility or emergency medical field setting. The deaths
described in this volume all involve sudden death within minutes or hours of
contact preceded by one or more of the following: violent confrontation with
police or corrections personnel, forcible control measures, and behavior influ-
enced by a chemical substance, or mental impairment. Incidents involving
custodial suicides, homicides, accidents, fatal pursuits, or police shootings are
excluded.
The contents of Sudden Deaths in Custody include an assessment of the
medical considerations involved in these cases; how the stress of the encoun-
ter plays a role on the physiological responses of the subject; the influence of
chemical substances on the behaviors of the violent person and their role in
contributing to the death of the person; and an explanation of the role of
excited delirium. Additionally, the book addresses the use of force by neck holds,
restraints, aerosols, tasers, and other measures. Specific case examples are
provided, which illustrate the nature and problems associated with these deaths,
along with the issues involved in performing a custodial death investigation.
v
vi Preface
A description of the civil liability issues that emerge from custodial deaths is
provided by examining case decisions surrounding them. Finally, administra-
tive issues are addressed. These include risk management strategies, policy
and procedure concerns, training issues, subject monitoring issues, transpor-
tation concerns, officer incident reporting, and investigating an incident from
the agency perspective.
The contributors to Sudden Deaths in Custody include three forensic patholo-
gists, six medical physicians, and one PhD. All of the contributing authors are
experts in their fields, having researched and published information on this
important subject.
Darrell L. Ross, PhD
Theodore C. Chan, MD
Contents
Preface....................................................................................................v
Contributors ..........................................................................................ix
1. The Nature of Sudden In-Custody Deaths
Darrell L. Ross...........................................................................................1
2. Medical Overview of Sudden In-Custody Deaths
Theodore C. Chan .....................................................................................9
3. Neck Holds
Gary M. Vilke...........................................................................................15
4. Positional and Restraint Asphyxia
Tom Neuman ...........................................................................................39
5. Restraint Stress
Elizabeth A. Laposata .............................................................................59
6. The Role of Illicit Drug Use in Sudden In-Custody Death
Aaron B. Schneir and Richard F. Clark ...............................................81
7. Excited Delirium
Charles V. Wetli.......................................................................................99
8. Riot Control Agents, Tasers, and Other Less Lethal Weapons
Christian Sloane and Gary M. Vilke ...................................................113
9. Case Analysis of Restraint Deaths in Law Enforcement
and Corrections
Darrell L. Ross.......................................................................................139
vii
Contents viii
10. Deaths in Custody Investigations
Vincent Di Miao ....................................................................................167
11. Liability and Wrongful In-Custody Deaths
Darrell L. Ross.......................................................................................173
12. Administrative Implications
Darrell L. Ross.......................................................................................203
Index.............................................................................................................229
Contributors
THEODORE C. CHAN, MD • Professor of Clinical Medicine and Medical
Director Department of Emergency Medicine, University of California,
San Diego, CA
RICHARD F. CLARK, MD • Professor of Clinical Medicine, Division of
Toxicology, Department of Emergency Medicine, University of
California, San Diego, CA
VINCENT DI MIAO, MD • Chief Medical Examiner, Bexar County, San Antonio
and Professor, Department of Pathology, University of Texas Health
Science Center, San Antonio, TX
ELIZABETH A. LAPOSATA, MD • Department of Pathology and Laboratory
Medicine, Brown University School of Medicine, Providence, RI;
President, Forensic Pathology & Legal Medicine Inc.; Former Chief
Medical Examiner, State of Rhode Island, Providence, RI
TOM NEUMAN, MD • Professor of Clinical Medicine, Department of Emergency
Medicine, University of California, San Diego, CA
DARRELL L. ROSS, PhD • Associate Professor, Department of Criminal Justice,
East Carolina University, Greenville, NC
AARON B. SCHNEIR, MD • Assistant Clinical Professor of Medicine, Division
of Toxicology, Department of Emergency Medicine, University of
California, San Diego, CA
CHRISTIAN SLOANE,MD • Assistant Clinical Professor of Medicine, Department
of Emergency Medicine, University of California, San Diego, CA
GARY M. VILKE, MD • Professor of Clinical Medicine, Department of
Emergency Medicine, University of California, San Diego, CA
CHARLES V. WETLI,MD • Chief Medical Examiner, Suffolk County
and Professor, Department of Pathology, State University of New York
Stony Brook, Stony Brook, NY
ix