Today, the family of a 37-year-old man who died while in custody at Tipton Correctional Center after being restrained, forcefully sprayed with a chemical agent, and ignored for hours while he cried out that he could not breathe and needed help, filed a lawsuit against the Missouri Department of Corrections. The lawsuit claims that his death was caused by the corrections officers’ brutal actions and their callous indifference to his pleas for help. Also named as defendants are the involved officers and medical personnel, and Centurion, the medical provider for all Missouri prisons.

According to the complaint filed in the U.S. District Court for the Western District of Missouri, in April 2023, Brandon Pace was handcuffed and held in an isolation cell when corrections officer claimed that he had swallowed an illicit substance. Rather than following protocol in such instances and summoning medical attention, the Correctional Emergency Response Team (“CERT”) was deployed and doused Pace with Oleoresin Capsicum (OC) spray, commonly known as “pepper spray,” in the confined space from a canister the size of which was only intended to be used for riots and crowd control.

The 48-page complaint alleges that, despite Pace being covered in a massive amount of OC spray and no ability to wipe off the spray, his repeated cries that he needed help and could not breathe were ignored by corrections officers and medical personnel for approximately four hours.

According to Lynn Ellenberger, an attorney at FeganScott, one of two firms representing the family, the correctional officers’ use of OC spray in those circumstances and ignoring his pleas for help afterwards amounted to torture.

“After dousing Brandon with pepper spray, corrections officers and on-site medical personnel completely ignored him for hours, even though his cries were heard throughout the cellblock,” said Ellenberger. “He was not given any medical attention, even though officers believed he had consumed an unknown substance and even though he begged for their help. This behavior is abhorrent and completely unacceptable in a civilized society. The Missouri Department of Corrections, Centurion, and their employees have a duty to ensure the safety of the inmates under their care – a duty they disregarded at the expense of a young man’s life.”

Ellenberger also noted that after Pace’s death, the family’s quest for information as to how their loved one died was thwarted by the Missouri Department of Corrections.

“The department never responded to our lawful requests for information about the events leading to Brandon’s death,” Ellenberger said. “It begs the question – what else is the department trying to hide?”

According to the complaint, a concerning pattern and practice involving the use of OC spray is a large part of the answer. As laid out in the suit, Pace’s death was surrounded by other instances where correctional officers use OC spray to torture inmates and deny medical treatment afterwards, leading to profound physical injuries and even death.

Media reports have stated that there were 134 inmate deaths in the Missouri Department of Corrections in 2023, making it the deadliest year for the state’s prison system.

“Missouri corrections officers are sadistically using pepper spray against inmates, and no one within the prison system is saying or doing anything about it,” said Tom Porto of the Popham Law Firm, also representing the family. “There needs to be transparency and independent, outside law enforcement investigations of such deaths in custody – including Brandon’s death – to curb this cruel pattern of behavior.”

About FeganScott

FeganScott is a national class action and civil rights law firm. The firm championed by acclaimed veteran attorneys has successfully recovered $14 billion for victims nationwide. FeganScott is committed to pursuing successful outcomes with integrity and excellence while holding the responsible parties accountable.

About Popham Law Firm

The Popham Law Firm is the oldest law firm in Kansas City that focuses on personal injury cases and those matters that will have a social impact.

Case 2:24-cv-04152-BCW

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