Beech Tree News Network

The county of Butler, and Terry Fugate, Kelli Fugate, Rocky Tyree and Tessa Fugate, all individually, have been sued by Denise Johnson in connection with the death of Clifford Dewayne Johnson while he was lodged in the Butler County Jail.  The lawsuit was filed in United States District Court on April 17, 2013.  Johnson died December 9, 2012, at the Medical Center in Bowling Green after being transported there by Butler County EMS on December 8.  He had been arrested on December 6 and was being lodged in the Butler County Jail.  The contention of the lawsuit is that Dewayne Johnson was experiencing health issues related to alcohol withdrawal and the proper medical attention was not provided by jail staff, resulting in his death.     

In her legal complaint, Denise Johnson, individually  and as  Administratrix of the Estate of Clifford Dewayne Johnson, cites egregious and unjustifiable treatment of Mr. Johnson by the jail defendants. 

Denise Johnson's complaint states the following:  "As more specifically set forth, Mr. Johnson, after his incarceration at the Butler County Jail, was subjected to defendants’ deliberate indifference to and neglect and gross neglect of his serious medical needs and as a consequence, died.  It is the purpose of the this action to recover the actual damages sustained by Mrs. Johnson individually and by Mr. Johnson’s estate as a result of defendants’ conduct and punitive damages to punish defendants’ conduct, and punitive damages to punish defendants conduct and forever deter its repetition."

Five counts are listed in the lawsuit:

Count 1- Defendants’ conduct was intentional, reckless, deliberate, wanton and/or malicious and was indicative of their total, deliberate and reckless disregard of and indifference to Mr. Johnson’s life as well as his rights and the risk of harm to his occasioned by such conduct.

Count 2- By virtue of the foregoing, Defendants were negligent and grossly negligent and Defendant Nurse Tessa Fugate failed to satisfy the standard of care applicable to the nursing profession.

Count 3- Defendants’ treatment of Mr. Johnson was so beyond the bounds of human decency that it exemplifies the tort of outrage.

Count 4-Mr. Johnson suffered a wrongful death under KRS 411.130, for which his estate is entitled to recover damages.

Count 5- Plaintiff is entitled to recover for loss of consortium pursuant to KRS 411.145.

Count 6- Defendants in their treatment of Mr. Johnson violated KAR 501 3:090.

According to the complaint, Mr. Johnson’s death was unnecessary and preventable, and his estate is therefore entitled to recover for the destruction of his power to labor and earn income and the income and earning he would have enjoyed had he lived.  Mr. Johnson also experienced wanton and unnecessary pain and suffering as a result of Defendants’ conduct, for which his estate is entitled to recover damages.  In addition, plaintiff Denise Johnson is entitled to recover for Mr. Johnson’s funeral and burial expenses, and for loss of the love, society, support and companionship of her husband. 

Finally, the lawsuit contends that the "Defendants’ violations of Mr. Johnson’s constitutional and common law rights were cruel, malicious, and evinced a total and reckless disregard for his life and those rights, entitling Plaintiff to recover punitive damages from Defendants in order to deter such conduct in the future."

Denise Johnson also requests a trial by jury, and further requests that she and the estate of Mr. Johnson be awarded actual and punitive damages, pre- and post judgment interest, costs, attorneys’ fees and all other relief to which they are entitled under law or in equity.

Counsel for the Plaintiff is Gregory A. Belzley of Belzley Bathurst Attorneys of Prospect, Kentucky.

Butler County Jailer Terry Fugate had no comment on the legal action. 

“I am meeting with my attorney this afternoon and have been advised not to comment at this time,” said Fugate.