HAMMOND | A federal lawsuit filed Tuesday claims a Hobart man who died March 26 in the Lake County Jail was having an emotional outburst but not being aggressive toward the correctional officers who delivered a Taser shock before his death.
Gregory Thomas Smith, 39, went into cardiac arrest after the officers used the device to subdue him and later died, the lawsuit says.
The lawsuit, which was filed on behalf of Smith's two children by their mother, Jaime Smith, names Lake County, Sheriff John Buncich and "unknown officers" as defendants.
Sheriff's Department attorney John Bushemi said Wednesday that neither he nor the department had received notice of the lawsuit yet.
"The preliminary investigation indicates proper jail procedures were used in this case," Bushemi said.
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Buncich declined to comment until he can review the lawsuit with his legal team.
The lawsuit includes federal claims of excessive force, battery and wrongful death. Two additional claims say Buncich should be held liable for Smith's death because he employs the officers.
A Sheriff's Department news release issued Monday said Smith had displayed "violent behavior" while in custody and, because of that behavior, was being moved to another section of the Lake County Jail for his safety and the safety of other inmates.
While he was being moved, he again displayed violent behavior, the release said.
"At that time corrections officers used the restraint techniques they are trained to use," the release said. "During the restraint procedure, a dry stun was administered in order to bring Smith under control."
Tasers can shoot electric probes or they can be switched into "dry stun" mode, where the probes are removed and the device delivers a jolt much like a stun gun.
"When it was determined Mr. Smith required medical attention, two registered nurses from the jail medical unit promptly responded," the sheriff's release said.
Officers called 911, and the nurses administered "life-saving techniques" until an ambulance arrived and took Smith to Methodist Hospitals Southlake Campus in Merrillville, the release said.
Smith was pronounced dead at the hospital about 1:49 a.m. March 26, according to the Lake County coroner's office. His manner of death was listed as pending.
Sarah Reese
Lake County Courts and Social Justice Reporter
