Incident

Date Nov 28, 2012
Time 08:54 PM
Department Buffalo Police Department
Officers Michael J. Anderson , Robert M. States , Matthew Cross
Address Delaware Ave
Buffalo, NY

Incident Description

In 2012, Richard A. Metcalf Jr. died from strangulation when jail guards at the Erie County Holding Center secured a spit mask around his neck, leading to suffocation while he was restrained and left face down on a stretcher with the mask and a pillowcase covering his head. Metcalf, aged 35, was transported to Erie County Medical Center and taken off life support after two days.

Outcome

In a civil suit filed by Metcalf’s father, Erie County could have settled over the death of Richard A. Metcalf Jr. for $17 million, but instead took the case to a trial. The trial ended with a jury’s $95 million judgment against the county – the largest known civil verdict ever against the county. Before the lawsuit filed by Metcalf’s father went to trial, the county had already spent $900,000 on legal bills related to the case. Toth said he expects legal costs for defending the county through the trial to total around $2 million.

County Attorney Jeremy Toth called the jury’s decision “inexplicable” and the county would argue the court for a reduced settlement. After arguing for a reduced settlement, a state judge has cut the damages award for the murder of Richard A. Metcalf Jr. from $100 million to $20 million. Acting State Supreme Court Justice Mark J. Grisanti reduced the jury's April award after attorneys for the county and five current and former jail deputies argued that what the jury granted was "excessive."

The jury determined the five deputies used excessive force and four of the five were negligent and violated Metcalf’s civil rights by being “deliberately indifferent” to his medical needs. Jurors in the Metcalf case found that the county and five current and former deputies were liable for using excessive force and depriving Metcalf of proper mental and physical medical care. Among the former deputies that were found to have used used excessive force on Metcalf were Matthew Cross and Robert States, who are now current Buffalo Police Officers. Robert Dee was fired in 2022 by the Sheriff’s Office after a series of investigations into unrelated misconduct, including domestic violence charges and improper contact with a woman who was incarcerated. Edward Kawalek and Scott Emerling still work for the Sheriff’s Office.

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