Wrongful Death Lawsuit Filed Against Franklin County
FRANKLIN COUNTY — A father whose son died while his son was an inmate in the Franklin County Detention Center has officially filed a wrongful death lawsuit against the county and authorities.
Clayton Franklin filed the lawsuit Jan. 25 against Franklin County, the Franklin County Sheriff’s Office, two deputies and two Ozark Police Department officers, court documents state.
He filed the wrongful death lawsuit in part for compensatory and punitive damages because he claims the defendants deprived his son of his rights, the documents state. The state medical examiner determined the cause of death to be homicide.
His son, Cody Franklin, who was 20 when he died, was arrested on suspicion of misdemeanor obstruction of governmental operations. The documents state he was put into a cell with inmates convicted of felonies who were waiting to be sent to prison.
However, the county jail has had overcrowding issues for quite some time and there is no room in the budget for a new jail.
According to the documents, he also claims authorities instigated a fight between his son and other inmates, as well as suffocated and tased his son to death. Furthermore, he claims authorities failed to provide medical attention and supervision.
About midnight May 11, Cody Franklin and at least three other inmates were involved in a fight. According to the documents, the jail is understaffed and Ozark officers were called to assist.
Cody Franklin was moved to a separate cell. One of the deputies is accused of tasing Cody Franklin at least five times, according to the documents.
After, one of the other deputies arrived and allegedly tased him again, and choked him to the point of unconsciousness, the documents also state.
According to the medical examiner, he sustained several internal and external bruises, lacerations, a muscle hemorrhage, and puncture wounds.
Clayton Franklin is wanting to seek justice through a jury trial.