The mother of a man who recently died while in custody of the Walker County Sheriff’s Office filed a lawsuit Monday alleging “abuse and medical neglect” by Sheriff Nick Smith, members of the WCSO and employees of the Walker County Jail.
Anthony “Tony” Mitchell, 33, of Carbon Hill was arrested on Jan. 12 and being held in the Walker County Jail. Mitchell had been charged with attempted murder after shooting at deputies when they had been called to do a welfare check on Mitchell after receiving a call from a concerned family member.
Mitchell was taken to Walker Baptist Medical Center on Jan. 26 and died at the hospital.
The lawsuit was filed Monday in federal court in the Northern District of Alabama by Margaret Mitchell, who is Mitchell’s mother. The suit alleges guards tased Mitchell and locked him in a freezer, killing him.
The Alabama Law Enforcement Agency (ALEA) is investigating the death. An autopsy will be conducted by the Alabama Department of Foreuunsic Sciences. Walker County Sheriff Nick Smith said he could not comment on specifics of the incident because it is under investigation, but he did say his office is cooperating fully with the investigation, providing any information needed by the state agency.
“It is our policy that any death of a person in custody is investigated by an outside state agency,” Smith told The Community Journal on Monday night. “That is the procedure we followed in this case as well. I contacted ALEA for the incident to be investigated.”
A former corrections officer also filed a separate, but related lawsuit on Monday in federal court in Alabama’s Northern District.
Karen Kelly sued the Walker County Sheriff’s Office and multiple officers, claiming she was fired for retaliation after she shared videos with Mitchell’s family of him being abused in the jail. Smith said he could not comment on that lawsuit as well.
