Lawsuit alleges staff at Huerfano County jail broke inmate’s ribs, left him to die in cell despite pleas for help

HUERFANO COUNTY, Colo. (KRDO) – The family of a 69-year-old man who died in a southern Colorado jail in 2023 is suing several Huerfano County officials, alleging that he was left to die in his cell with no medical attention after his ribs were broken by a corrections officer.

Michael Burch died on April 4, 2023 after ten days in custody at the Huerfano County Detention center.

The lawsuit, filed Wednesday, targets the Huerfano County board of commissioners, the county sheriff, and several nurses, paramedics and employees of the detention center.

According to the lawsuit, Burch was arrested on March 25 for felony menacing and harassment. He was in the midst of a mental health crisis, but otherwise in good physical health. The family attorney tells our Denver news partners they believe Burch was acting out due to dementia.

Three days later, on March 28, a detention officer tased Burch for holding a pencil given to him by another guard. When Burch began moving toward the officer, the officer "pummeled" Burch into a metal bench, the lawsuit claims.

An autopsy found that he suffered six broken ribs from the incident, which punctured several of his organs and caused massive internal bleeding.

Despite asking to be taken to a hospital and telling officers that his ribs were crushed, Burch was locked in his cell, the lawsuit claims. It also alleges that corrections officer covered the cell window with black plastic and failed to monitor his condition in the days following.

Burch allegedly struggled to walk and continued to plead for medical care, but was not given any. He was found dead in his cell seven days after the altercation.

An autopsy determined that Burch died as a result of "blunt force trauma to the chest and abdomen." His death was ruled a homicide.

"The simple act of breathing became so painful as Mr. Burch’s shattered ribs continued to pierce and tear through his organs that his body stopped using his right lung, which shrank to half the normal size," the lawsuit read in part. "In other words, Mr. Burch’s body chose to reduce the pain of breathing by opting to slowly suffocate over eight days."

The lawsuit accuses the involved officers and medical staff of failing to intervene in the excessive force incident and showing "deliberate indifference" to Burch's critical medical needs afterward. It also claims there was a failure to train the correctional officers on de-escalation tactics and determining when inmates need medical care.

Through the suit, his family is seeking compensatory and punitive damages, as well as "accountability" from those involved in his death.

"This lawsuit seeks accountability and justice under the Fourteenth Amendment to the United States Constitution, among other laws, in a scenario where an elderly man walked into jail with no injuries but never walked out, due solely to Defendants’ unlawful actions," the lawsuit reads.