KALAMAZOO, Mich. (WOOD) — The city of Kalamazoo is offering the family of the man who died in police custody hundreds of thousands of dollars to settle a federal lawsuit.
Monday, the city commission approved the motion to offer the family of James Dunigan an $810,000 settlement. It’s unknown if the family has accepted the offer.
Dunigan was arrested on May 6, 2016 on a trespassing complaint and an outstanding warrant when he refused to leave the emergency room at Bronson Methodist Hospital.
The federal complaint listed Kalamazoo Department of Public Safety officers Derek Nugent and Eric Shaffer as the defendants. The department itself was not listed in the suit.
Surveillance video shows Dunigan on the floor of the cruiser, foaming at the mouth. At one point during the drive to the jail, one of the officers checked on Dunigan. In the video, the officer can be heard telling Dunigan, "You're fine, you're acting."
The medical examiner's office determined Dunigan's death was accidental. The ME said he died from a combination of heart and circulation problems, diabetes and kidney disease.
Both officers received a one-day suspension for failing to recognize Dunigan's condition and not getting him medical treatment.
The estate contends Dunigan suffered damages including pain, suffering and death. The estate is asking for compensation for severe emotional injuries, mental anguish, economic loss, medical expenses, punitive damages, attorney fees and costs, burial expenses and other damages allowable under the Michigan Wrongful Death Act.
The family has also filed a federal lawsuit against Bronson Methodist Hospital for violation of emergency medical treatment and Active Labor Act.