FOND DU LAC, WI (WTAQ) – A federal civil rights wrongful death lawsuit has been filed by the family of a man who died while in custody of Fond du Lac police.
37-year-old Christopher Cary was arrested on December 23 and died of a cocaine overdose.
No criminal charges will be filed against the officers, according to Fond du Lac County District Attorney Eric Toney, while Cary’s family claims that the traffic stop was “unlawfully extended” for a drug investigation.
They claim that officers did not provide sufficient assistance once Cary started showing signs of medical distress.
The city of Fond du Lac, Fond du Lac Sheriff, officers Sandra O’Donnell, Brandon Meudt and Trenton Smith, as well as unspecified paramedics, are all named in the suit as defendants.
Court records show that none have been served with the suit and no formal responses have been filed.
“This action is brought on their behalf to seek justice for the untimely and unwarranted death of their family member at the hands of the Fond du Lac Police Department,” the lawsuit states.
Authorities believe that Cary ingested the cocaine before officers approached the vehicle to avoid being caught with it.
The Fond du Lac Police Dept. put three officers involved in the case on administrative assignment immediately following Cary’s death, which is in accordance with standard procedure.
On January 10, they were reinstated to active duty.
