BUFFALO, N.Y. — A panel of judges could make some key decisions next month, in a suit filed by the father of a man who died after a violent struggle in the Erie County Holding Center over a decade ago.
In November of 2012, 35-year-old Richard Metcalf Jr. who was in custody on a burglary charge, began exhibiting extreme behavior according to deputies, who say he was biting off chunks of flesh from his own arms and feet and spitting them.
During a violent struggle to restrain him, deputies placed him in a spit mask.
When he chewed through that, according to deputies, placed a pillowcase over his head.
Metcalf was eventually taken by ambulance to Erie County Medical Center where he died days later.
Although a report by the NYS Commission on Corrections produced a report which concluded that Metcalf's death was a homicide, prosecutors declined to bring criminal charges against the deputies.
Metcalf's father, Richard Metcalf Sr., then filed a civil suit naming the county, the sheriff's department, and nine deputies as defendants.
That was more than 9-1/2 years ago.
Last September a judge dismissed all claims against four of the deputies but kept alive the claims against the other five and against the county for deprivation of medical care and negligence.
On Tuesday lawyers argued before a panel of judges for the 4th Department of the NYS Appellate División of State Supreme Court in Rochester.
Lawyers for the remaining defendants made their case to have the remaining charges dismissed, while an attorney for the Metcalf family argued vigorously that the claims remain intact, in anticipation of the case finally going to a jury trial early in 2024.
"I would submit that there's more than adequate allegations to show that there was excessive force and that the claim should be allowed to go to the jury," said attorney Timothy Hudson, while appearing on behalf of the Metcalf family.
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