UPDATE: ACLU files suit seeking information on DE inmate death
A civil rights organization says they are working to find out details, after the death of an inmate at a Kent County facility, died.
The American Civil Liberties Union of Delaware says they have filed a suit, in an attempt to release new information about the death of Jason Cunningham, who died on April 18, 2014, while being held at the James T. Vaughn Correctional Center, near Smyrna.
The ACLU says the only things told to Cunningham’s mother, Natalie Way, was that Cunningham was taken into Department of Corrections custody, put into a four point restraint, and left unmonitored in a cell. He was reportedly found later that day, dead, in the cell.
“Out of respect for me and my family and all of the people that loved Jason so much, prison officials need to tell us how and why Jason died. It shows a profound lack of compassion that we have had to file a law suit to get the answers that we deserved a year ago,” said Way.
The ACLU says Way and other family members have tried to get more information about his death, but hasn’t been given records, and now has the ACLU-DE as counsel, for the legal actions.
“The death of anyone in state custody is unacceptable,” said Kathleen MacRae, ACLU-DE executive director. “When an unfortunate event like the death of Jason Cunningham occurs, it is important that the family and the public know the facts to ensure that the Department of Corrections is held to constitutional standards.”
The DOC issued the following statement on the suit:
“Within the past several weeks the Department of Correction was approached by the ACLU seeking records on behalf of the family of Jason Cunningham. We advised them that state law prohibits the release of institutional records other than medical records without a court order or a subpoena. In addition, we advised them that medical records pertaining to Mr. Cunningham would be made available upon Department’s receipt of a signed HIPPA release executed by the estate representative. At that point in time no family member had been authorized to administer his estate, although we now understand that an administratrix has subsequently been appointed. We have been aware that the ACLU planned to intervene with today’s legal filing and we look forward to working with the ACLU to provide Mr. Cunningham’s family with the information they seek, which we hope will help them obtain closure.”
