VAN BUREN -- A man filed a civil lawsuit last month arguing that law enforcement officers caused his son's death in the Franklin County jail.
Clayton Franklin, the father of Cody Jack Franklin, filed the lawsuit May 26 in Crawford County Circuit Court against Franklin County, Ozark and three officers in connection with the May 11, 2016, incident.
The lawsuit asserts the officers -- one Franklin County sheriff's office deputy and two Ozark police officers -- caused Cody Franklin's death by way of gross negligence, and that Franklin County and Ozark are responsible for the conduct displayed at the time of the death.
Clayton Franklin filed a civil lawsuit against the entities, in addition to the Franklin County sheriff's office, Sheriff Anthony Boen and a sheriff's deputy named James Taylor Molton, in U.S. District Court in early 2017. Those claims were dismissed in May 2020, according to court records.
Clayton Franklin "does not believe that the individuals responsible for the death of his son have ever faced any sort of consequence, nor have they been brought to justice," said Derick Allison, one of Franklin's attorneys.
The defendants in the current lawsuit hadn't been served as of Monday, meaning a trial date won't be set "for some time," Allison said.
The lawsuit states that Cody Franklin, who lived in Crawford County, visited friends in Franklin County and was walking on Westview Road at 7:15 p.m. May 10, 2016. A sheriff's deputy approached Franklin and, after questioning him, arrested him without incident on a charge of obstructing governmental operations, a misdemeanor. Franklin, who was 20 years old, was booked into the Franklin County jail.
Cody Franklin was placed in a cell with Arkansas Department of Corrections detainees, who were all "felons and persons charged with and convicted of serious offenses," according to the lawsuit. A fight then broke out in which at least three inmates beat Franklin as he tried to defend himself.
An investigation by the state said Deputy Nicholas James learned of the altercation only while he was moving prisoners from one cell to another, the lawsuit states. Understaffing at the jail prompted James to contact the Ozark Police Department for assistance, after which officer Nathan Griffith arrived.
The lawsuit states that Griffith used his stun gun on Franklin at least five times and choked him to the point of unconsciousness as he and James moved Franklin to another cell. Franklin regained consciousness during this process and proceeded to panic, at which point Joseph Griffith, also with the Ozark Police Department, arrived at the jail, according to the suit.
A handcuffed Franklin was stunned three more times and choked again, and he endured the three officers placing their knees, bodies and full weight on top of his thorax, according to the lawsuit. Franklin was pronounced dead after being taken to a hospital.
"The Franklin County Detention Center has a long history of failing to properly maintain its facilities for the safety and protection of its inmates," the complaint states.
Franklin County completed construction on a $7.9 million jail in Ozark in 2020.
Rickey Bowman, the county judge, previously said the old jail was built in 1974 and was determined by the 5th Judicial District Criminal Detention Facilities Review Committee to fall short of minimum state jail standards. Crowding had been one of its problems.
Dr. Stephen Erickson with the state medical examiner's office concluded in 2016 that Franklin died from acidosis brought on by methamphetamine intoxication; exertion and struggle over a long period of time; restraint; and multiple stun-gun shocks.
David Gibbons, then-prosecuting attorney for Franklin County, decided not to pursue criminal charges against the three officers. He wrote in a 2016 letter to Arkansas State Police investigator Phillip Pierce that he didn't believe there was enough evidence to convince a jury that the officers had caused Franklin's death.
Christopher Brockett, civil attorney for Franklin County, said he turned the current case over to the Arkansas Association of Counties, which will represent the county in the lawsuit.