CLARKSVILLE, Tenn. (CLARKSVILLENOW) – A woman in Texas has filed a lawsuit against the Montgomery County Sheriff’s Office, the City of Clarksville, Montgomery County, and others for the suicide death of her daughter, who was incarcerated at the Montgomery County Jail.
The civil lawsuit was filed on Oct. 12. According to all parties named in the lawsuit, they have yet to be served. However, according to documents obtained by Clarksville Now, the summons paperwork was filed Thursday, Dec. 10.
Along with the Sheriff’s Office, jail, city and county, other defendants named in the lawsuit are Sheriff John Fuson and several jail employees.
Holman’s arrest and death
According to records obtained by Clarksville Now, on Oct. 11, 2019, Kimberlie Holman, 23, was arrested by the Clarksville Police Department. Holman had called police after an argument with her husband became physical.
Due to the conflicting stories from Holman and her husband, both were arrested. She was booked into the jail Oct. 11 on a charge of domestic assault.
The following day, Oct. 12, while jail deputies conducted a routine security check of the cell block where she was housed, Holman was found hanging in her cell. She had hanged herself with a bed sheet, the records said.
After untangling her from the sheet, deputies administered CPR while EMS was en route. Holman was taken by ambulance to the hospital and pronounced dead.
Allegations of neglect
Barbara Koerth, a Texas native and Holman’s mother, filed the suit individually and as the representative of Holman’s estate.
According to the suit, Holman was exhibiting concerning behavior after her arrest, and the defendants failed to inspect Holman’s cell to remove potentially dangerous items for “someone in Kimberlie’s condition.” Furthermore, the suit refers to Holman as a “high risk individual.”
“Defendants had the duty to exercise the degree of care that a reasonably careful person would use to avoid harm to others under circumstances similar to those described herein,” the suit reads.
The lawsuit alleges that because of the lack of care, Holman’s “death was proximately caused by the defendants’ negligence, careless, and reckless disregard of said duty.”
Additionally alleged in the suit is that despite not being registered as an organ donor, Holman’s organs were handled after her death and considered for donation prior to any contact with her family or emergency contacts.
The suit demands a jury trial.
Recent filings
Most recently filed was a motion of to withdraw on Dec. 3, 2020, pursuant to Local Rule 83.01(g), which in layman’s terms means either one or all of Koerth’s representation are wishing to withdraw as the attorney of record in the suit.
This motion was granted, and the initial case management conference has been reset for Feb. 3, 2021.
“The city will defend itself vigorously against these matters,” said Lance Baker, attorney for the city of Clarksville.
Attorney Tim Harvey, who is representing both Montgomery County and the Sheriff’s Office, did not wish to comment, and neither did Koerth’s representation as litigation is ongoing.
Koerth also did not wish to comment.
