Woman lay dying on floor of a Suffolk County jail cell for more than an hour as guards propped their feet up on desks, having a good time chatting, suit charges

The father of a Dorchester woman who died at the South Bay House of Correction while awaiting transportation to an alcoholism treatment program today sued the Suffolk County Sheriff's Department, jail guards and the state, charging that not only shouldn't she have been held there at all, she slumped into unconsciousness on the floor of her cell and lay there for more than an hour as she died, ignored by jail guards.

In his suit, filed in Suffolk Superior Court, Reginald White charges that, to start, the department and state have to answer the issue of his daughter Ayesha Marie Johnson being transported from Boston Municipal Court to the jail after she was civilly committed for alcoholism, rather than to a treatment center immediately on July 28, 2021, despite an order signed by Gov. Baker five years earlier requiring women in this situation be transported from court to a treatment facility.

But beyond that, White charges, they have to pay for the way guards never sought treatment for her after she vomited in court and then dry heaved on the way to the jail - and then, with one exception, never checked on her in her cell, instead sticking to their desks at the jail booking station, where they "chatted among themselves, chatted among other officers in Booking, slouched in their chairs for long periods of time and/or relaxed with their feet up on their desks," even as Johnson was dying on the floor of her cell.

The one exception after Johnson was put in a cell around 3:18 - and collapsed around five minutes later - came when it was too late, the suit alleges: One guard did notice Johnson on the floor around 4:27 p.m., when looking for a cell to put a new arrival in. Instead of going in to check on her, however, he kicked the cell door several times to wake her up - but then walked back to the booking station, the suit charges.

A minute later, though, he returned, looked in and saw Johnson still lying on the floor:

Defendant Fitzgibbon then finally entered the cell; and at this time, Defendant Fitzgibbon kicked Ms. Johnson's left thigh with his foot and grabbed and shook her left foot.

Defendant Fitzgibbon observed that Ms. Johnson was nonresponsive and left the cell aware that she was nonresponsive.

Defendant Fitzgibbon then radioed a "man down" and instead of attempting to begin live-saving measures he left Ms. Johnson alone, lying nonresponsive, on the floor.

Defendant Fitzgibbon did not notice Ms. Johnson lying on her back on the cell floor after she was secured in Booking Cell # 8 for sixty-eight minutes.

Defendants Kitterick, Dorn, and Cook never noticed Ms. Johnson lying on her back on the cell floor.

During the sixty-eight minutes, Defendants Fitzgibbon, Kitterick, Dorn, and Cook failed to conduct a single security round in Booking on Ms. Johnson or conduct a wellness check on Ms. Johnson.

During the sixty-eight minutes, Defendants Fitzgibbon, Kitterick, Dorn, and Cook also failed to observe Ms. Johnson on the video monitor on the Booking desk, which depicts video images of all of the booking cells.

Defendant Fitzgibbon only noticed Ms. Johnson because a transportation van had arrived, and he needed to see what cell the new arrival could be placed into.

The suit continues that even once they realized Johnson was "nonresponsive," the guards made no attempt to perform any life-saving measures themselves, but instead the guard who found her left to look for the jail's LPN. And then, when that guy went to the cell, he didn't attempt any life-saving measures, either.

Chest compressions were not started on Ms. Johnson until 4:33PM, five minutes after Ms. Johnson had been discovered unresponsive on the cell floor, and seventy-five minutes after Ms. Johnson had been secured in Booking Cell # 8.

At approximately 5:00PM, additional medical personnel who responded to the "man down" ceased life saving measures, and Ms. Johnson was declared deceased.

The suit continues that the department is as much to blame as any individual guards because it had a policy to transport people like Johnson to a lockup despite state rules and because it fostered a workplace where guards couldn't even agree during an investigation whether they were required to do periodic well-being checks on "civil commits" like Johnson as they are required to do for people there for criminal matters.

It is clear that the policy and custom of the SCSD is to unlawfully and unconstitutionally transport and admit civil commits into the House of Correction, but it is especially egregious that in doing so the SCSD completely failed to train and supervise officers of the SCSD, including those specifically assigned to Booking, as to their duties and responsibilities during the time a civil commit is in the SCSD’s care, custody and control.

The suit, which alleges violations of Johnson's due process rights, civil liberties and wrongful-death negligence as well as violations of the Americans with Disabilities Act, seeks at least $3 million in damages.

The department, the state and the guards named in the suit have until Nov. 20 to file their answers, according to court records.