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| Wrongful Death Claims Filed In N.C. Jail Fire |
| By Associated Press |
| Published: 03/31/2003 |
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The families of two men who died in last year's Mitchell County jail fire have filed wrongful death claims against the North Carolina agency that inspected the jail and against an individual inspector. Eight inmates died of smoke inhalation when fire broke out May 3 in a shed attached to the jail. Jailers and rescue workers could not reach the inmates and the men couldn't get out because each cell door had to be manually opened. The families of victims Mark Halen Thomas and Jason Boston filed claims March 18 with the North Carolina Industrial Commission. In January, Mitchell County settled all 17 claims brought by the survivors and families. Under state law, the county could be liable only for the amount of its insurance, with a maximum of $2 million for each incident. That amount is being divided among all parties in the suit. The county did not fight the claims or take depositions, leaving the families frustrated in their search for information about what happened the night of the fire. The State Bureau of Investigation, which investigated the fire, has not released its report to the public. Based on the report, the district attorney did not file criminal charges. A subsequent investigation by the state Labor Department referred to some of the SBI's findings and resulted in fines against the county for safety violations. Benjamin Baker, a Montgomery, Ala., lawyer who represents Thomas' family, said inspections of the jail should have spotted hazards and forced changes years before the fire. 'There are a lot of rumors in Mitchell County about what happened that night,'' Baker said, 'but no hard, factual information has been provided to the families.'' The state is generally immune from lawsuits but waives immunity for damage claims of up to $500,000. Those claims must be initiated with the Industrial Commission. Noelle Taylor, spokeswoman for the state Attorney General's Office, said the office could not comment on pending litigation. The claims seek the maximum damages and name the Department of Health and Human Services, its Division of Facility Services and its Jails and Detention Section. They also name Ernest Dixon, an inspector for the division that is responsible for inspecting each jail in the state twice a year. State officials have said the Mitchell County jail had passed its most recent inspection, but the inspection did not include an attached storage shed where the fire started, possibly with a faulty heater. Mitchell County's jail, one of 19 across the state that predate standards adopted in 1967, is no longer being used to house inmates. |
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