CHARLOTTE, N.C. — A family is suing Mecklenburg County Sheriff Garry McFadden after their loved one died while in jail.
The lawsuit alleges that 25-year-old Russell Fincham died of fentanyl intoxication while in custody and the family is demanding justice.
Fincham died two years ago after being arrested on various charges, none of which were related to drugs.
Ronard Dixon Jr. and Anthony Burts are representing the Fincham family in the case. Dixon said Fincham ingested .5 grams of fentanyl prior to being arrested.
“He did notify medical staff and the intake process, he ingested half a gram of fentanyl prior to arriving into custody," Dixon said. "He was then put on observation watch.
The lawsuit alleges that soon after arriving at the Mecklenburg County jail he began to have symptoms of opioid withdrawal. The suit added Fincham vomited over two gallons of black bile due to withdrawal. The next morning, it said, he exhibited signs of distress.
"The state regulation, they have to do pod tours, and they include physical observation of each person," Dixon said.
According to North Carolina Administrative Code Section 10A, a jail shall have an officer make supervision rounds and observe each inmate at least two times every 60 minutes. It can not be more than 40 minutes in between rounds. Burts alleged that policy was not followed.
“There were many of those rounds were missed and we believe those officers just scanned the badges for those rounds and didn’t go through with the full observation for the time period," Burts said.
However, the family claims jail staff didn't take the proper steps to address Fincham's emergency needs to save his life.
Fincham died three days later on July 6.
The lawsuit points the finger largely at Wellpath, the medical provider of the jail, and McFadden. The suit alleges that McFadden's office failed to get multiple inmates care when they needed it and had a practice of failing to get arrested folks immediate care.
The lawsuit states at least seven jail inmates died in the three years before Fincham died, alleging there were systemic failures and negligence that contributed to his death.
WCNC Charlotte asked McFadden's office and Wellpath for comment on the lawsuit. The Mecklenburg County Sheriff's Office said they do not comment on pending litigation.
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