Murey v. City of Chickasaw, et al.
Annotate this CaseOn May 27, 2016, at approximately 2:00 a.m., Sgt. George Taylor, a police officer employed by the Chickasaw Police Department, discovered an automobile on the shoulder of the on-ramp to an interstate highway. Carlos Lens Fernandez ("Lens") was passed out inside the automobile, and the automobile's engine was running. After he failed to complete various field sobriety tests, Lens acknowledged that he was intoxicated. Sgt. Taylor arrested Lens for driving under the influence and, with assistance from Officer Gregory Musgrove, transported Lens to the Chickasaw City Jail. At the jail, Lens did not advise Sgt. Taylor or any other person that he had any medical issues or that he needed medical attention. According to both Sgt. Taylor and Sgt. Phillip Burson, Lens appeared to be intoxicated, and nothing about their encounter with Lens indicated to them that Lens needed medical attention. At approximated 8 a.m., jailers checked on Lens, but he was not responding to oral commands. Officer Robert Wenzinger stated that when he checked Lens, he could not find a pulse and noticed that Lens was cool to the touch on his arm and neck. Emergency medical services were dispatched; by 8:50 a.m., attempts to resuscitate Lens were unsuccessful, and Lens was pronounced dead at 9:14 a.m. Lens's autopsy report listed the cause of death as "hypertensive and atherosclerotic cardiovascular disease." Carlos Fernando Reixach Murey, as administrator of Lens' estate, appealed the grant of summary judgment entered in two separate actions in favor of the City of Chickasaw, and the varios officers and jail officials who checked on Lens when he was arrested and detained. Finding no reversible error in the grant of summary judgment in either case, the Alabama Supreme Court affirmed the circuit court.
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