LOUISVILLE, Ky. (WDRB) -- Almost a year after a 27-year-old man was found dead at LaRue County Detention Center, his family is suing the county jail's former jailer and officers.
Dalton Milby, who was being housed at LaRue County Detention Center, died at the jail on Feb. 12, 2022. His family is now suing for negligence, assault and battery, wrongful death and other violations.
Officials inside the Hodgenville jail called 911 on the report of a man attempting suicide, according to the Hodgenville Police Department. The Buffalo, Ky. man was pronounced dead at the jail around 4:40 p.m.
The family remembers Milby with numerous photos and memories. He was a father of four children and always ready to offer a helping hand.
Photos of Dalton Milby.
"He could have nothing and if you needed something he would give you whatever," said Stephany Milby, his mother. "That was just who Dalton was."
She admits her son also had his own problems.
"Dalton had been drinking, so we had got him into the Isaiah for some rehab," Stephany said. "He came out everything was amazing, he was doing so good, it was hunting season and he was taking his brothers they were going out... He had been baptized."
Shortly after leaving rehab, Dalton relapsed. His family thought time in jail would lead him back to rehab.
He was charged with menacing outside his parents' home and taken to the jail in LaRue County on Feb. 11, 2022.
In less than 24 hours, he died.
In those hours, his family claims LaRue County Jail neglected to protect Dalton, who told jail staff he had suicidal thoughts. He was originally placed in an anti-suicide sock because his comments and behavior were indicative of suicidal tendencies, but later given a standard jumpsuit, according to the lawsuit.
"He took his jumpsuit off and hung himself," Stephany said.
Stephany said the morning Dalton died, she had talked to him over the phone. She remembers hearing a man yelling and cursing at Dalton.
"Things weren't right, but I just didn't catch it," Stephany said, "I just didn't catch it and never would have thought this was going to be the outcome."
The federal lawsuit claims that the jail failed to properly train jail officers, along with claiming then-jailer Jamie Underwood had knowledge that "employees were not performing direct in-person surveillance as required by 501 KAR 3:060 and refused to hold LCDC employees accountable."
The lawsuit also states "the training on mental health/medical conditions of detainee/inmates — a requirement under the Eighth Amendment — was so inadequate and so widely ignored that Defendant Underwood was on notice that a constitutional violation was a highly predictable consequence of his failure to act.”
The lawsuit argues the jail didn't provide adequate medical care, showed deliberate indifference to the medical and psychological needs of the man and cruel and unusual punishment.
"Obviously they didn't check on him and if somebody hangs for 33 minutes, I'm sorry you didn't, you didn't do your job," Stephany said.
The lawsuit also claims two jailers, "with utter indifference and conscious disregard, the Defendants used excessive force against Mr. Milby under circumstances where Mr. Milby posed no threat of injury or harm to the Defendants."
Underwood, who lost to Jody Perry in last May's primary election for county jailer, declined to comment on the lawsuit.
Perry also declined to comment on the lawsuit. He said he is waiting to be fully briefed over the matter.
The lawsuit also lists jail officers, Gary Huffines, Steven Grant, Jason Jones, Jacob Duvall, David Bandy, Rita Skeeters, and Amber Slayton as defendants.
Perry said Skeeters, Grant and Huffines are still employed at LaRue County Jail.
The family's top goal is to hold the jail accountable for taking a father, son and brother.
"I don't want no kid out here without their dad," Stephany said. "I don't want a mom and dad without their son, brothers without their brother."
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