Estate of deceased inmate files federal wrongful death lawsuit

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Larry Babin (Photo courtesy of Baxter County Sheriff’s Office)

A wrongful death suit has been filed in federal court by the estate of Larry Charles Babin, Jr., who died after being taken to Baxter Health from the county jail on January 6 last year.

According to a release from Baxter County Sheriff John Montgomery at the time, as jail staff did routine cell checks at approximately 6:30 a.m., on January 6, they found that Babin had been in the same position for some time. When jailer’s went into the cell to check on the inmate, he was breathing but unresponsive to stimuli. He was transported to Baxter Health where he was pronounced dead later the same morning.

The estate filed the suit December 31, 2024, in Federal District Court for the Western District of Arkansas. Sheriff Montgomery, a large number of jail staff, outside health providers, Baxter County and an insurance company are among those listed as defendants.

According to the lawsuit, Babin, who was 51-years-old at the time of his death and living in Cotter, was arrested shortly before 9 p.m. December 30, 2023, and booked into the jail on charges of speeding, careless and prohibitive driving, driving while intoxicated 2nd offense, and driving on a suspended license.

The suit alleges jail staff did not do “an adequate medical screening” and that Babin was booked into the detention center “despite his known medical condition.”

On January 3, 2024, the suit claims an inmate in the same area where Babin was housed complained about his “strange and erratic behavior” and said he was “hallucinating and talking about things that didn’t exist.”

Babin had been asking for his prescribed medications but, the suit contends, had not been provided with the medicine.

Friends are alleged to have tried through phone calls and “in-person attempts” to get the medication to him but their efforts were “repeatedly ignored and refused” by detention center staff according to the suit.

The lawsuit alleges other inmates began to request that Babin be moved out of F Pod “because he was going through alcohol withdrawal, was confused and disoriented.”

A jail staff member is reported to have observed Babin “to be soaking wet, very confused and trying to get into the shower for a drink of water,” according to allegations in the lawsuit.

On January 3, EMTs from Baxter Health came to the jail, but could not transport Babin because he was “confused, disoriented and combative.”

The lawsuit alleges the EMTs “repeatedly” requested jail staff to transport Babin to the hospital because of his condition but the request was refused.

Babin was transferred to a detox cell but the suit alleges “there was no written detoxification protocol” available at the jail. It is also alleged that “excessive force” was used when the transfer was made.

The lawsuit alleges that Babin “was forcefully shoved into the cell causing him to fly several feet and land on his head” resulting in a bleeding wound.

When Babin continued to resist being put in the “detox cell,” a member of the jail staff is alleged to have “excessively and forcefully pushed him causing him to fall backwards, hitting a cell wall and metal bed frame.”

It is alleged in the suit that for several days, “the only in-person interaction jail employees had with Babin was to provide him with a bowl of oatmeal for breakfast on January 5.”

During this time, according to the lawsuit, “the unmedicated and “medically ignored” Babin was convulsing and vomiting.”

When booked, Babin “exhibited normal behavior” but that soon changed after the abrupt cessation of alcohol intake and lack of medications.

His behavior, “began to quickly deteriorate” and he became “very strange and erratic,” according to the lawsuit.

It is also alleged Babin was “not provided with any of his medication from the time of booking to the time he was found unresponsive and transported to Baxter Health.’

Babin was admitted to the hospital at approximately 7:25 a.m. on January 6 last year and died just after 8 a.m.

The suit, which was filed by the Little Rock law firm of James and Carter, also alleges the lack of training for jail staff in dealing with inmates having Babin’s particular medical issues contributed to his death.

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