Family of Cedric Lofton File Wrongful Death Suit
A federal appeals court has ruled that a lawsuit accusing staff at the Juvenile Intake Assessment Center (JIAC) in Wichita of using excessive force can continue. The lawsuit involves the death of 17-year-old Cedric Lofton, who died while in custody at JIAC in September 2021.
Cedric Lofton’s brother, Marquan Teetz, filed a federal lawsuit in 2022, alleging that JIAC staff used excessive force by placing Lofton in a prone (face-down) restraint for nearly 40 minutes, which led to Lofton’s cardiac arrest and eventual death at a Wichita hospital. The lawsuit claims that at least three officers involved were aware of the unconstitutional actions and failed to intervene.
The three-judge panel on the 10th U.S. Circuit Court of Appeals ruled to uphold a district court decision, affirming that the corrections officers were not entitled to qualified immunity or summary judgment in the case.
Events Leading to Lofton’s Arrest
The incident began in the early hours of September 24, 2021, when Wichita police were called to Lofton’s foster home at the request of the Kansas Department of Children and Families. Lofton’s foster father had attempted to take him to a mental health evaluation at Comcare the day before, but Lofton had run away. According to his foster father, Lofton may have been exhibiting symptoms of schizophrenia and needed a mental health evaluation.
Lofton was arrested after a struggle with officers outside the foster home, accused of battery of an officer. After being taken into custody, Lofton was reportedly combative at JIAC, where corrections officers held him in a prone position for approximately 40 minutes.
Lawsuit Accusations
The lawsuit states that the officers involved directly violated Lofton’s constitutional rights and intentionally inflicted emotional distress. The claim also accuses the officers of negligence and failure to stop the excessive force despite being aware of the risks.
Two days after the physical struggle at JIAC, Lofton died from cardiac arrest. An autopsy report classified his death as a homicide resulting from complications of cardiopulmonary arrest after being restrained in the prone position. The forensic pathologist noted that Lofton’s most severe injuries were found on his shoulders and back, indicating blunt force trauma.
Court's Decision on Excessive Force
In its ruling, the appeals court found it reasonable to conclude that the force used by the officers could be seen as excessive. The court highlighted that a “reasonable officer” would have known that applying continued pressure to Lofton after he was subdued created a risk of asphyxiation and death, even if Lofton was still verbalizing threats. The court concluded that the use of a prone restraint under these circumstances violated Lofton’s constitutional rights.
The ruling allowed the lawsuit to proceed, and the defendants include five corrections officers at JIAC, along with the Sedgwick County Commission and the City of Wichita.
Despite Lofton’s death being classified as a homicide, Sedgwick County District Attorney Marc Bennett declined to file charges in the case. Bennett stated that Kansas self-defense and “Stand Your Ground” laws provided immunity to the officers involved. He explained that even though Lofton’s death resulted from being restrained in the prone position during the struggle, the law prevented prosecution under those circumstances.
Civil Rights Attorneys Respond
After Bennett’s decision not to file charges, civil rights attorneys representing Lofton’s family, issued a statement expressing their concern. They criticized the decision, calling Lofton’s death “unjustified” and drawing parallels to the George Floyd case. “This is yet another instance of an unarmed Black teenager killed by law enforcement with impunity,” the statement read. “Authorities obligated to protect Cedric ended up taking his breath away.”
If you or someone you know has experienced excessive force or police brutality, know that there are resources available to help you understand your rights and options. At Police Brutality Center, we connect individuals who have been affected by incidents of police brutality with trusted legal professionals who specialize in these cases. You don’t have to navigate this challenging journey alone.
Whether you’re considering a lawsuit or simply seeking guidance on your next steps, Police Brutality Center is here to provide support, resources, and expertise. Contact us today for assistance in understanding your legal rights and options, and let us help you move forward on your path to justice.
