BY JANE PRENDERGAST
The Cincinnati Enquirer
COVINGTON -- A lawsuit over a Kenton County Jail inmate's death claims that cellmates were made to take care of the diabetic man, creating conditions an attorney described as dirtier than his dog's kennel.
The family of James Franklin, 68, who died in the jail June 26, sued in federal court Wednesday, naming Jailer Don Younger and other county officials. The lawsuit alleges that deputies would wait hours before bringing Mr. Franklin fresh clothes and even expected fellow inmates to clean up after the disoriented man soiled himself.
"It's horrible the way my father was treated," said Edgar Carter, Mr. Franklin's son. "Our family hurts. We reach out to anyone who's ever been in this situation."
Mr. Franklin's treatment is at the center of a debate over how well the jail is operated. The county's top official and its police chief have called for Mr. Younger to hire somebody to run the facility. Mr. Younger, who is running for re-election, says he does not need help.
Scott Greenwood, a Cincinnati civil-rights attorney, called the jail "the black hole of Covington."
"We are here today to do justice," he said, standing with Mr. Franklin's son, two daughters and three grandchildren Wednesday afternoon outside the jail. "We are here to vindicate Mr. Franklin."
The family is seeking $50 million. Their suit alleges that Mr. Franklin spent his first night in the jail, June 13, in an isolation cell, but then was moved with other inmates. Jail staff told them to take care of the diabetic man, the suit says. At some point, Mr. Franklin was transferred back to a cell by himself.
He died there, lying naked in his own waste, on a mat on the concrete floor. He was found dead by a deputy who was bringing him a syringe of insulin.
Autopsy results, however, indicate that the man had virtually no glucose, or too much insulin, in his system. Experts say that's either because he injected too much or was not given the right amount of food. He died lying next to a partially eaten orange and a lunchmeat sandwich.
"It appears that Mr. Franklin spent the last moments of his life attempting to claw open and eat an orange," said Bridget Hofler-Saunders, an attorney representing Mr. Franklin's family.
No one can say exactly why Mr. Franklin's glucose level was 2. And while there is no one right number for diabetics, the almost non-existent 2 is far lower than levels suggested by the American Diabetes Association -- those range from 80 to 140.
The deputy who was assigned to monitor Mr. Franklin every 20 minutes was fired for failing to do so. Police finished their investigation, finding no criminal activity.
Mr. Franklin was arrested June 13 after allegedly firing shots at a Covington police officer. Even police were stunned by the incident, given that many officers knew Mr. Franklin well, said Lt. Danny Miles, department spokesman. Mr. Franklin was a retired janitor for the state transportation department who worked as a security officer. Police fired back at him, but no one was hurt.
The lawsuit names Mr. Younger, nurse Pam Sams, fired deputy Tonya Seale, Judge-executive Rodney "Biz" Cain and Commissioners Steve Arlinghaus, Nyoka Johnston and Bernie Moorman.
Mr. Greenwood did say he was grateful for Mr. Cain's recent efforts to try to improve jail operations, but he questioned why no jail official ordered Mr. Franklin transferred to a medical facility. Many jail staff members have that authority, he said. Ms. Sams said she was trying to get him transferred.
County officials went public last month with their concerns about how the jail is run. Mr. Cain and Police Chief Mike Browning said they were forced to do so because Mr. Younger refused to take their advice and make changes. They alleged everything from doors being left unlocked to prisoners not being properly searched. They have openly expressed concern about how much liability the county would face in a lawsuit over Mr. Franklin's death.
