When a loved one dies while in police custody, families face overwhelming grief compounded by questions about what happened and why. McCutchen Napurano - The Law Firm represents families throughout Arkansas who have lost loved ones in police custody. Our experienced attorneys understand these cases and work hard to hold law enforcement accountable and secure the compensation families deserve.
Why Choose McCutchen Napurano - The Law Firm for Your Police Custody Wrongful Death Case
McCutchen Napurano - The Law Firm brings extensive experience and proven results to police custody wrongful death cases. Our firm has assisted clients with personal injury claims throughout Arkansas for more than 27 years. We have built a track record of significant case results and verdicts.
Founder Joey McCutchen brings 37 years of legal experience (licensed since 1988). He has earned recognition for his leadership and advocacy in the legal profession. His leadership extends to the Arkansas Trial Lawyers Association, where he served as President (2017-2018) and currently serves on the Board of Governors.
McCutchen has received the following awards:
- ATLA Champions of Justice Platinum Founder Award
- Civil Justice Advocacy Award
- ATLA Roxanne Wilson Advocacy Award (2017)
- Arkansas ATLA Icon Award (2018)
McCutchen is also a faculty member at the Keenan Trial Institute. He teaches advanced trial advocacy and jury psychology to trial lawyers nationwide.
We understand the unique challenges of police custody cases. These matters require:
Thorough investigation – We conduct independent investigations, obtain police records, medical documentation, and expert analysis to establish liability and causation.
Expert testimony – We work with medical experts, law enforcement standards experts, and other specialists to establish negligence and causation in complex cases.
Knowledge of government liability – We handle qualified immunity defenses and pursue claims under both state law and federal civil rights statutes (42 U.S.C. § 1983). We also understand municipal liability and government entity defenses.
Aggressive negotiation and litigation – We negotiate with government entities while preparing every case for trial. Our trial experience ensures we’re ready to litigate when necessary.
Our attorneys work on a contingency fee basis. Families pay no fee unless we recover compensation. This approach aligns our interests with yours—we succeed only when we secure results for your family.
Understanding Police Custody Wrongful Death Claims in Arkansas
Under Arkansas law, wrongful death occurs when death results from an act that would have supported a personal injury lawsuit had the victim survived. Police custody wrongful death claims represent a specific category of wrongful death cases. These cases involve deaths occurring while individuals are in the care and control of law enforcement or detention facilities.
These cases differ significantly from other wrongful death claims. They involve government entities, qualified immunity defenses, and often require proving gross negligence or deliberate indifference to a detainee’s safety. Arkansas Code § 16-62-102 establishes the legal framework for wrongful death claims. This law allows surviving family members to pursue compensation for losses resulting from the death.
Police custody deaths may result from excessive force, inadequate medical care, unsafe conditions, or failure to prevent foreseeable harm. Families have the right to pursue legal action regardless of whether law enforcement claims the death was unavoidable or accidental.
Common Causes of Police Custody Deaths in Fort Smith
In-custody deaths occur through various circumstances, many of which reflect negligence or deliberate indifference by law enforcement personnel. Common causes include:
Failure to provide adequate medical attention – Officers or detention staff ignore signs of medical distress, delay treatment, or fail to call emergency services. This may constitute medical malpractice or hospital negligence.
Excessive force or improper restraint techniques – Inappropriate use of force, positional asphyxia from restraints, or dangerous takedown procedures that result in brain injuries or other serious injuries.
Unsafe cell conditions or equipment failure – Defective equipment, inadequate ventilation, extreme temperatures, or hazardous conditions in holding cells that create premises liability issues.
Inadequate mental health screening and monitoring – Failure to identify individuals at risk of suicide or self-harm, inadequate observation protocols that violate duty of care standards.
Negligent supervision of detainees – Insufficient staffing, lack of training, or failure to follow established safety procedures that constitute workplace negligence.
Each of these scenarios represents a failure of duty by law enforcement. When such failures result in death, families have grounds to pursue wrongful death claims.
Who Can File a Police Custody Wrongful Death Lawsuit in Arkansas
Arkansas law permits specific family members to file wrongful death lawsuits on behalf of the deceased. Eligible parties include:
- Surviving spouses
- Children (biological and adopted)
- Parents of the deceased
- Dependent family members who relied on the deceased for financial support
The wrongful death claim seeks compensation for losses experienced by surviving family members, not for the estate of the deceased. This distinction is important because it focuses on the impact of the death on those left behind.
Families do not need to wait for criminal charges or convictions against officers before pursuing a civil wrongful death claim. The civil standard of proof (preponderance of the evidence) differs from the criminal standard (beyond a reasonable doubt). This allows families to pursue compensation even when criminal prosecution does not occur.
Compensation Available in Police Custody Wrongful Death Cases
Families who successfully pursue police custody wrongful death claims may recover several categories of damages:
Economic Damages:
- Funeral and burial expenses
- Medical expenses related to the final injury or illness
- Lost wages and earning capacity the deceased would have provided
- Loss of benefits (health insurance, retirement contributions)
Non-Economic Damages:
- Loss of companionship and consortium
- Loss of parental guidance and support
- Pain and suffering experienced by the deceased before death
- Emotional distress of surviving family members
Punitive Damages:
In cases involving gross negligence or deliberate indifference, Arkansas courts may award punitive damages. These damages punish the defendant and deter similar conduct.
McCutchen Napurano - The Law Firm has recovered significant compensation in wrongful death cases. Our firm secured a $15 million wrongful death verdict in Stipins v. Mercy Hospital (October 2025). This verdict is recognized as the largest wrongful death verdict from medical malpractice in Arkansas history. This result demonstrates our capability in handling high-value wrongful death cases and our commitment to securing maximum compensation for families.
Frequently Asked Questions About Police Custody Wrongful Death Claims
What is the statute of limitations for filing a police custody wrongful death lawsuit in Arkansas?
Arkansas law provides a three-year statute of limitations from the date of death. Families must file a wrongful death claim before this deadline expires. This deadline is critical because it allows us to preserve evidence, interview witnesses, and file claims promptly. Learn more about statutes of limitations.
Can we sue the police department directly for an in-custody death?
Yes. Families can pursue claims against the police department, individual officers, and the municipality. We pursue claims under both Arkansas state law and federal civil rights statutes. Government entities may assert qualified immunity defenses, but these defenses do not eliminate liability in cases involving clear violations of constitutional rights or gross negligence.
What evidence is needed to prove a police custody wrongful death claim?
Successful claims require multiple forms of evidence:
- Autopsy reports and medical records
- Police reports and incident documentation
- Witness statements from detainees or officers
- Video footage from surveillance cameras or body cameras
- Expert testimony regarding standard of care and causation
- Documentation of policy violations or training failures
How long does a police custody wrongful death case typically take?
Cases vary based on complexity. Police custody wrongful death cases often require two to four years from filing to resolution. This timeline reflects the need for thorough investigation, expert analysis, discovery disputes with government entities, and potential appeals. Understand the discovery process.
What makes police custody deaths different from other wrongful death claims?
Police custody cases involve government entities with qualified immunity defenses. They also involve higher burdens of proof regarding negligence and complex procedural requirements. These factors make custody cases more challenging than typical wrongful death claims involving private parties.
Do we have to go to trial, or can we settle?
Many cases settle through negotiation. However, we prepare every case for trial. We negotiate aggressively to secure fair compensation while remaining ready to litigate if necessary to protect your family’s interests. Learn about settlement negotiations.
Fort Smith Police Custody Wrongful Death Legal Help
Losing a loved one in police custody raises profound questions about accountability and justice. McCutchen Napurano - The Law Firm provides families with experienced legal representation, thorough investigation, and aggressive advocacy. We work to hold law enforcement accountable and secure the compensation families deserve.
If your family has lost a loved one in police custody, contact McCutchen Napurano - The Law Firm today for a free consultation. Our attorneys will review your case, explain your legal options, and discuss how we can help your family pursue justice and compensation. We serve families throughout Arkansas and work on a contingency fee basis—you pay nothing unless we recover compensation for your family. Contact McCutchen Napurano - The Law Firm today. Call (479) 783-0036 or complete our online contact form to schedule your free consultation.
