Arlington jail personnel, health-care provider are sued over death

By: Rachel Weiner | Washington Post | March 11, 2022

Darryl Becton died in October 2020. His family asserts in a lawsuit that he was ignored for hours as he underwent severe withdrawal and was left to die in a cell.

Julius Spain Sr., head of the Arlington NAACP, and Florence Pugh, mother of Darryl Becton, outside the Arlington jail on March 11. (Alex Sakes/NAACP Arlington Branch)

When Darryl Becton was brought into the Arlington, Va., jail, according to a lawsuit filed by his family, he told staffers he was coming off opioids and had high blood pressure and heart problems. But, the lawsuit says, he was ignored for hours as he underwent severe withdrawal, left to die a cell.

Becton died on Oct. 1, 2020, of what a state medical examiner described as hypertensive cardiovascular disease complicated by opiate withdrawal. His sister Monique Ford, who administers his estate, announced Friday that she is suing the Arlington sheriff, health-care provider Corizon Health and several jail staffers, saying they are responsible for the 46-year-old’s death.

“This is a tragedy that did not have to occur,” her attorney, Mark Krudys, said at a news conference Friday outside the jail. “He did not receive the medical care that he needed.”

Since Becton’s death, Arlington has hired a different jail health-care provider and the county prosecutor has charged a nurse with falsifying medical records. But Julius Spain Sr., head of the Arlington branch of the NAACP, says the county has failed to properly address the problem. Seven men of color have died — one by suicide — in the Arlington County Detention Facility in the past seven years. The most recent death came last month, after Corizon’s departure.

The Arlington NAACP is planning to ask the Justice Department to open a civil rights investigation of the Arlington County jail.

“Justice has not been served yet, and there needs to be some level of accountability,” Spain said. “We cannot sit idly by and watch our citizens die in this jailhouse.”

Becton was brought into Arlington custody on Sept. 29, 2020, for an alleged violation of probation for unauthorized use of a motor vehicle. According to the court record, a deputy noted Becton reported recent opioid use and heart problems, adding that he “believes he will experience withdrawals.” A similar report was logged by a different deputy the following day, after Becton appeared in court.

That lawsuit asserts that although the jail staff was directed by a nurse to follow procedures for monitoring opioid withdrawal, no one recorded Becton’s vital signs at any time on Sept. 30, 2020.

Early the next morning, the lawsuit says, nurses recorded Becton’s blood pressure as “alarmingly high” and he was given Tylenol, Pepto Bismol and medications for anxiety, nausea and hypertension. His blood pressure remained high, the suit says, and he reported tremors, vomiting, diarrhea, headache and severe body ache.

Attorney Mark Krudys speaks alongside the NAACP’s Spain and members of the Becton family. (Alex Sakes/NAACP Arlington Branch)

The lawsuit says that his vital signs were taken only one more time that day, at 6:59 a.m., and that he was not given the medication he was already prescribed for hypertension. For the next nine hours, Becton is reported once as vomiting and once as giving a “grunt” at lunch. Jail records indicate that he “refused” medications at 2:34 p.m., but none of the required documentation for such a refusal was provided.

“If, however, a Corizon employee were to assert that they had a conversation with Mr. Becton” at that point, the lawsuit says, he “would have most certainly been exhibiting very open and obvious acute symptoms, mandating immediate medical intervention.”

Becton was found unresponsive at 4:18 p.m. by a counselor with the Department of Human Services who looked in on his cell. He was not breathing, according to the records, had no pulse and was “cool to the touch.” He was pronounced dead 30 minutes later.

Antoine Smith, the nurse charged with falsifying a medical record, documented visiting Becton’s cell around 9:50 a.m. Sept. 30 and seeing “no acute distress.” According to jail records, the lawsuit says, Becton was in court at the time Smith said he checked on him. Smith is charged with a misdemeanor; his next court date is in May. He is also named in the lawsuit. His defense attorney declined to comment.

Krudys said he believes there are other signs that records were falsified that could lead to criminal charges.

“There are a number of late entries … that there is no reason for,” he said. “We’re going to ask very hard questions about the legitimacy of those statements.”

A spokeswoman for Arlington Sheriff Beth Arthur declined to comment, saying the lawsuit had not yet been served on the office. Corizon Health did not immediately respond to a request for comment.

Arlington County Board Vice Chair Christian Dorsey (D) said in a statement that it would be “inappropriate” to comment on a lawsuit pending against the sheriff’s office and Corizon Health.

“The members of the Board remain committed to thorough and professional investigations in these circumstances, as well as necessary reforms to ensure the utmost care for our community members,” he added. “We will continue to be responsive to the needs of our residents in order to live up to our belief that ‘each person is important.’”

Becton’s family is asking for damages for emotional and financial costs, alleging negligence and violations of his federal civil rights. Relatives described Becton as a warm and supportive son, grandson, nephew, uncle, father and grandfather who made cooking seafood or buying school supplies a memorable event.

“Darryl’s life mattered,” his aunt Ramona Pugh told reporters Friday. “Darryl was loved.”

They said they received no details or support from officials, leaving them struggling to understand what happened to Becton and why. Krudys said that, as is often the case, responses came only through his investigation and that he did not yet have full documentation.

In a separate case, a Justice Department investigation of the Hampton Roads Regional Jail in Portsmouth, which began after a wrongful-death lawsuit pursued by Krudys, ended in 2020 with a consent decree for changes at the facility. The jail remains under federal supervision.

Becton’s mother, Florence Pugh, remains angry and distraught.

“I hurt every day,” she said. “I’m so mad. I’m hurt. And I’m disgusted and I’m fed up.”

Teo Armus contributed to this report.