Court approves $2M settlement for family of man who died of injuries received in Dunbar police custody

The settlement comes in the aftermath of a civil action filed by the Scott family, represented by attorneys Dante diTrapano and Jesse Forbes from the law firms of Calwell Luce diTrapano and Forbes Law Offices in ÂÒÂ×ÄÚÉä.

The lawsuit alleged that Scott’s death on July 24, 2022, was the result of police brutality, disregard for his medical needs and the use of excessive force.

Much of the incident was captured on body cameras and other video surveillance. According to the lawsuit, after arresting Scott on a misdemeanor trespassing warrant, Officer Zachary Winters slammed his head into the pavement in a move Winters later described as a “suplex.� The lawsuit alleged there was no justification for this action.

Scott’s skull was fractured, causing bleeding in his brain.

Despite the evident severity of Scott’s injuries, the lawsuit further claimed that the two officers, Winters and Adam Mason, deliberately prevented him from receiving medical attention for hours.

Scott’s neurological condition rapidly deteriorated, ultimately leading to his death.

Following the incident, instead of taking Scott for medical attention, the officers took him to South Central Regional Jail in ÂÒÂ×ÄÚÉä, according to the lawsuit. Staff at the jail refused to incarcerate Scott due to his critical medical condition, opting instead to call paramedics.

Scott was taken to ÂÒÂ×ÄÚÉä Area Medical Center, where he received treatment for a fractured skull, brain bleeding and increased intracranial pressure, according to the lawsuit. However, his condition continued to deteriorate and he was pronounced dead at 6:56 p.m. on July 24, 2022.

The official cause of death was listed as “blunt force trauma to the head� on his death certificate, according to the lawsuit.

The victim’s father, Michael Scott Sr., is administrator of his son’s estate.

“This is a nightmare that no parent should ever have to suffer through. It was such a devastating blow to our family and has rocked our sense of safety in our community,� he said. “No amount of money can ever bring him back, but we hope that this helps show the seriousness of the case and that we have stood up for our son who did not deserve to have this happen.�

Forbes conveyed the gravity of the allegations and emphasized the importance of holding law enforcement officials accountable.

“This is an incident that should have never happened to a 34-year-old man on the streets of Dunbar. As alleged, this officer didn’t just slam Michael’s head to the pavement in a want-to-be wrestling move, causing a lethal skull fracture, instead, he went further,� Forbes said. “For the next two hours, they used the weight of their authority as police officers to deprive Michael of the medical care he so desperately needed and ultimately his life.�

Attorney Dante diTrapano said the case serves as a somber reminder of the necessity for transparency, accountability and justice within the law enforcement community.

“While no amount of money can bring back a son, a brother, or a loved one, hopefully, this can help to provide not only closure to this family but a sense of justice and accountability they certainly deserve,� diTrapano said. “The types of abuses alleged in this case have no place in our society, much less at the hands of law enforcement.�

Both of the officers are still employed by the Dunbar Police Department. Chief Brian Oxley could not be reached Wednesday, and Dunbar Mayor Scott Elliott declined to comment.