WACO, Texas — The second jailer named in a lawsuit filed by the family of an inmate who died in the Coryell County jail denied allegations in the suit that claim his actions contributed to 46-year-old Kelli Page's death.
Dallas attorney S. Cass Weiland filed the response to the suit March 14 in U.S. District Court on behalf of Wesley Pelfrey.
The lawsuit was filed Jan. 30 against Pelfrey, jailer Steven Lovelady and Coryell County by Page's family after an autopsy determined she died of mechanical asphyxia in association with physical restraint. It also listed her manner of death as homicide.
An independent medical examiner and the Texas Ranger who investigated her death disagreed with the autopsy report.
On March 11, Coryell County's attorney filed an answer to the lawsuit also denying any wrongdoing on its part.
The county's answer also asked the court to dismiss the lawsuit.
Lovelady also denied the allegations in the response his attorney filed on March 11.
The answer said Lovelady was acting within the scope of his duties as a jailer when he was trying to restrain Page in her cell.
Attorneys for all the parties involved will take part in a pre-trial hearing on April 10, according to a docket control order filed March 15.
Judge Jeffrey Manske's order requires the two sides to "discuss the nature and basis of their claims and defenses, the possibilities for a prompt settlement or resolution of the case and the scope and type of discovery."
In the video of the incident, Lovelady is the jailer who strikes Page multiple times, according to an inquest hearing on the incident.
According to the family’s lawyer, Dean Malone, Page was arrested and held in the jail in 2017.
Malone said in a news release that video showed that Page, who was obese and suffered from health issues, tapped on the window of her cell on Oct. 8, 2017 to get a guards attention. The release said Page was not acting in a violent or aggressive manner when two jailers enter the cell, sprayed her with OC spray and slammed her to the floor, the release said. The guards held Page face down and one put weight on her upper body while the other put weight on her lower body, which led to her death, the release said.
According to the release, Coryell County policies state that for an attempted cell extraction, there should be a team of at least five jailers and there were two in Page's case.
“It is commonly known among law enforcement and jail officers that placing a person in that position, especially one who is obese and has underlying health conditions, can lead to death. Kelli died as a result of the use of force,” Malone said in the release.
An autopsy report showed that Page had a body mass index of more than 35, the release said.
“Federal case law indicates that officers must take into account a person’s size when dealing with the person in a physical manner. The autopsy report indicated that Kelli was morbidly obese,” Malone said.
According to the release, a portion of the autopsy report said, “She was eventually restrained in a prone (face down) position with one officer putting force on her upper back region and another officer putting force on her buttocks/thighs until she became unresponsive."
“Based on the case history and autopsy findings, it is my opinion that Kelli Leanne Page, a 46-year-old female, died as a result of mechanical asphyxia in association with physical restraint. Hypertensive cardiovascular disease, cirrhosis, and obesity likely contributed to the cause of death.”
“There is evidence indicating that Coryell County, while having a written cell extraction policy contemplating the use of at least five jailers, failed to adequately staff the jail and/or had a custom of not enforcing the policy. Coryell County had a constitutional obligation to Kelli, as a pre-trial detainee who had not been convicted of anything, to act reasonably when using any force with her. Kelli’s death was an unnecessary, tragic result of events that should have never happened. Hopefully, this lawsuit will provide justice to Kelli’s family and put other Texas jails on notice as to proper use of force with unconvicted prisoners,” Malone said.
Malone filed suit on behalf of the family in federal court in Waco.
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