Thursday, March 11, 1999
Kenton Co. officials still face liability in inmate's death
BY SUSAN VELA
The Cincinnati Enquirer
COVINGTON — Former Jailer Don Younger and former Kenton County Fiscal Court members still must worry about the possibility of paying legal costs in a federal lawsuit stemming from the June 1998 death of James Franklin, a 68-year-old diabetic, in the Kenton County Jail.
At a hearing Wednesday, U.S. District Judge William O. Bertelsman overruled their motions to dismiss claims against them in their individual, personal capacities. But he said they could make similar motions in the next several months.
Kenton County Attorney Garry Edmondson said that should happen within two months.
“We'll take depositions (and) do research,” he said. “I'm confident that (Judge Bertelsman) will rule that they are not personally responsible, because they are not.”
The fiscal court members have said they should not be responsible for legal fees because they were not aware of James Franklin's medical state and the conditions he endured during his fatal, 13-day stay at the jail.
Mr. Younger has said he shouldn't be held responsible because he was on vacation when Mr. Franklin was found dead in his jail cell — naked, shoeless and lying in his own waste.
Covington police arrested Mr. Franklin on June 13 after he allegedly fired a gun at an officer at the Garrard Street Convalescent Center.
Mr. Franklin's family filed a $1 million federal civil rights lawsuit in late September. It claims that Mr. Younger and former fiscal court members Rodney “Biz” Cain, Steve Arlinghaus, Nyoka Johnston and Bernie Moorman had some responsibility in the death.
The lawsuit also claims that the jail staff knew of Mr. Franklin's diabetic condition, yet failed to check on him every 20 minutes, which is the county's written policy.
“We're going to keep their feet to the fire,” said attorney Scott Greenwood, who is representing Mr. Franklin's family. “It was a hell-hole and Younger presided over it.” He said it was routine for the staff to not check on inmates.
Mr. Younger and the former fiscal court members also are dealing with claims against them in their official capacities.
All parties have nine months to gather evidence for the case.
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