Federal judge throws out suit against city, Fort Worth police in death during raid

U.S. District Judge John McBryde has dismissed a wrongful death case brought against the city of Fort Worth and two police officers by a family who said the officers used excessive force during a May 16, 2013, drug raid that resulted in an ailing man’s premature death.

Jermaine Darden, 34, who weighed 340 pounds, died of natural causes, with sudden cardiac death associated with high blood pressure and application of restraints as causes of his death, the Tarrant County medical examiner’s office ruled.

Darden also had liver disease and thyroid disease, according to court documents.

Veteran police officers W.F. Snow and J. Romero were named in the lawsuit, and other unidentified officers were said to have participated in the raid and in restraining Darden.

“Darden had multiple risk factors for sudden cardiac death and the severity of his cardiac disease alone made him susceptible to sudden cardiac death at any time, with or without physical exertion,” McBryde wrote in dismissing the case.

A notice of appeal was filed Aug. 11, the day after the judge’s ruling. The Fort Worth city attorney’s office declined comment because the litigation is pending.

Choked, kicked, Tasered

Police said that a confidential informant had made a purchase from Darden that field-tested positive for cocaine, McBryde’s opinion said. Officers executed a “no-knock” search warrant later that afternoon, meaning they burst into a residence in the 3200 block of Thannisch Avenue without warning.

According to witnesses, several people were inside. They said that Darden was not attempting to flee, attack or resist when police officers choked him, kicked him several times, punched him and shocked him, according to court documents. Several officers applied their weight to Darden’s back, making it difficult for him to breathe, court documents stated.

Witnesses told officers that Darden had asthma and could not breathe, court documents said.

Officers seized 2.4 grams of cocaine, 1.8 grams of heroin and 3.1 ounces of marijuana, according to court documents. They believed some of the drugs belonged to Darden, McBryde’s opinion said.

Darden was shocked twice by a Taser and did not get on the ground as he was ordered to by officers after the initial Taser deployment. As soon as officers were able to handcuff Darden, the use of force stopped, McBryde’s opinion said.

The struggle lasted less than two minutes, McBryde’s opinion said. Lawyers for the city contend that Darden held his arms under his body in an attempt to resist apprehension, court documents said. The opinion also states that the officers’ conduct must be judged with allowance for the need to make split-second decisions.

“Whether he was resisting arrest or struggling to breathe, Darden did not allow officers to handcuff him,” McBryde’s opinion stated.

The attorneys representing Darden’s family argue that the police should not have employed regular procedures in trying to detain Darden, but according to the court, cited no clearly established law to support that position, McBryde’s opinion states.

McBryde ruled that because the police officers are entitled to qualified immunity in this case, the excessive force claim was denied because it was not shown that Darden’s death resulted directly and only from a use of force that was excessive.

Because the law says the officers did not use excessive force and did not commit a constitutional violation, the city cannot be held liable for any constitutional violation, McBryde said.

“The fact that the departmental regulations might have authorized the use of constitutionally excessive force is quite beside the point,” McBryde ruled.

‘Going to die anyway’

Daryl Washington, an attorney representing the Darden family, contended there was no need for the no-knock warrant, which authorities say was necessary because there were lookouts posted around the residence, and because the occupants were presumed to be armed.

Washington also said he disagrees with the judge’s conclusions. Washington argued that police did not follow proper procedures.

“The court is saying no matter what happened Darden was going to die anyway,” Washington said. “It’s like saying an obese person who is killed in a wreck with a drunk driver died from obesity.”

In a deposition filed Aug. 1, Washington asked Romero if Darden had the opportunity to cooperate with officers as other people in the residence did. Romero said he did not, that Darden was grabbed almost immediately after officers entered the residence.

According to the deposition:

Washington: “Did [Darden] appear to be distressed or weak?”

Romero: “No.”

Washington: “And sir, did you observe Mr. Darden grab anyone?”

Romero: “No.”

Washington: “Did you observe Mr. Darden punch anyone?”

Romero: “No.”

Washington: “Did you observe Mr. Darden making any threatening gestures towards anyone else in the house?”

Romero: “No.”

Washington: “And, in fact, you were the person that hit Mr. Darden in the face, correct?”

Romero: “Yes, I hit him in the face with a fist.”

Washington: “You’re a pretty big guy, aren’t you?”

Romero: “Yes.”

Washington: “And a punch from you could be pretty deadly, couldn’t it?”

Romero: “Yes.”

According to other court records, there was an initial call to emergency medical personnel to remove the Taser barbs from Darden’s back and a second call was made by police when Darden appeared unresponsive.

“At some point during the execution of the warrant, Darden died,” McBryde’s ruling said. “From the video, it appears that he was unresponsive at the time officers moved him to a seated position after handcuffing him. His unresponsive state was not recognized, and emergency resuscitative efforts were not started in time to have any effect.”

Jonathan Briskin, a forensic pathologist who testified for the Darden family, said it was possible that Darden could have been resuscitated, according to a court document.

“None of the officers checked Darden’s pulse to confirm if he was breathing, nor did any of the officers attempt to administer CPR,” Briskin said.

This story was originally published August 15, 2016 at 8:46 PM with the headline "Federal judge throws out suit against city, Fort Worth police in death during raid."