The parents

of an inmate who died after a scuffle at the Fayette County Jail in August

have filed a wrongful death lawsuit against the county, Sheriff Randall

Johnson and the officers who took part in subduing the inmate.

The federal

lawsuit filed by James Edward Eppinger's parents claims he was not subdued

properly and the actions of a deputy responding to the scuffle led to

his death in August. Dep. David Martin put Eppinger, 30, in a choke hold

and the autopsy revealed his larynx was fractured in two places, according

to the complaint filed by James Powell Eppinger and Virginia Eppinger.

The lawsuit

also says the coroner's report ruled the death a homicide. A Fayette County

Grand Jury was presented evidence in the case several months ago, but

it declined to issue any criminal indictments. The case was presented

after Fayette District Attorney Bill McBroom recused himself because his

office works closely with the Sheriff's Department on numerous cases.

County Attorney

Bill McNally had no comment on the matter Tuesday morning, as he was just

beginning to address the situation. The county will likely file an answer

to the suit within the next several weeks.

Eppinger began

serving a 14-day sentence for operating a motor vehicle without a driver's

license several days before the incident occurred, according to the suit.

The detention

officers who were present failed to act when Martin used "deadly

force" on the inmate, the lawsuit claims. Also, the parents claim

the Sheriff's Department failed to properly train jail staff and road

deputies to apprehend combative subjects and seek attention for prisoners

with special medical problems, the suit alleges.

Eppinger was

suffering from delusions the day he died when jail personnel tried to

calm his fears by moving him into a cell by himself. He resisted entering

the cell and one of the jailers named in the suit, David Graham, grabbed

him by the arm and brought him to the ground, the suit claims.

Another jailer

showed up to help subdue Eppinger, and Martin, a road deputy, also was

called to assist, the suit states.

Three of the

jailers named in the suit, Shawn Graham, Brenda Houston and Ronald Wyatt,

were physically present at the scene; another jailer named in the suit,

Clint Hughey, witnessed the incident on closed circuit TV, the suit claims.

Jail staff

should have sought medical attention for Eppinger because, at the time

of the scuffle, he had claimed that green and purple squirrels "were

out to get him," the suit states. Jail personnel were aware that

he was taking medication to combat seizures and anxiety attacks he would

experience, according to the suit.

The suit also

claims that the defendants "made no reasonable efforts to resuscitate

Eppinger before EMTs arrived" and they lied to EMTs about how he

was injured, saying "he collapsed after a brief struggle and they

helped him to the ground."

The Eppingers

are seeking a jury trial, hoping for a monetary reward for aggravated,

exemplary and punitive damages.

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