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City Sued Over Inmate Death
By The Times-Journal
Published: 12/12/2005

The administrator for the estate of an Alabama teenager found hanged in his Fort Payne jail cell earlier this year has filed a verified claim against the city, asking for $100,000 in damages. The Fort Payne City Council, at its regular meeting last week, voted to forward the claim to its insurance carrier.
Roberto Abidail Florencio Agustin, 17, was placed in the Fort Payne City Jail in June after pleading guilty in city court to a violation of the city's open container law under the alias name Jesse Jesus Perez. The court ordered him to pay a fine.
Fort Payne Police Chief David Walker said Agustin was alone in a cell, where he apparently committed suicide by hanging himself with a belt. Walker said a jailer saw Agustin only a short time before the apparent suicide occurred.
The lawsuit, filed by Rodney Ward as administrator of Agustin's estate, claims that the city failed to follow federal regulations, was in violation of the American Correction Standard and Alabama Peace Standard, and did not provide Agustin with proper mental health evaluation and care.
Mayor Bill Jordan said Alabama Bureau of Investigation agents investigated Agustin's death, and ruled it an apparent inmate suicide. Walker said an autopsy was performed.
At the time of the incident, Jordan said city jailers routinely check on the condition of inmates.


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