The family of an Ashland man who died in police custody last year filed a federal lawsuit against the city of Ashland, the police department and the police officers involved in the man’s arrest. Clarence Wilkerson, 34, died in March 2023 while in custody of the Ashland Police Department. The Kentucky State Medical Examiner’s Office ruled that Wilkerson’s death was accidental — the official cause being acute methamphetamine intoxication, state police said previously.

 The lawsuit was filed Friday by Wilkerson’s brother, Abdul Wilkerson, and Alexandria Taylor, a representative for Clarence Wilkerson’s minor child. Wilkerson was homeless at the time and was arrested by Ashland police officers while leaving a friend’s home, according to the lawsuit.

“During the arrest, he was allegedly restrained and placed in a police cruiser despite showing clear signs of medical distress, such as difficulty breathing and inability to stand,” the lawsuit reads. The lawsuit claims the officers failed to provide necessary medical attention, leading to Wilkerson’s death. It accuses the city of Ashland and its police department of failing to train and supervise officers adequately, resulting in a violation of Wilkerson’s constitutional rights. The suit seeks compensatory and punitive damages.

What happened in the case The morning of March 4, 2023, Wilkerson was at a friend’s house playing video games. When he left the home, he was apprehended by police for an outstanding warrant, according to the lawsuit. Wilkerson was unarmed, not resisting arrest and restrained with his arms and hands behind his back, according to the lawsuit.

Bethany Bowman, Wilkerson’s friend, was recording the arrest and repeatedly said Wilkerson was unable to breathe and losing color in his face. Bowman’s video — which sparked criticism of how police handled the incident — showed Wilkerson suffering from health issues while being put into the back of a patrol car. The video has since been removed online.

Bowman pleaded that Wilkerson be taken to a hospital for medical treatment or that an ambulance be called to render aid, the lawsuit says. But officers refused, the lawsuit states, and mocked Wilkerson’s cries instead.

As the officers lifted Wilkerson into the back of the cruiser and shut the door, the last words that Wilkerson said were, “I can’t breathe,” according to the suit. Kentucky State Police previously reported Wilkerson had methamphetamine, amphetamines and THC in his blood. He also had a prior heart condition that “included congestive heart failure, hyperlipidemia, and diabetes,” the police press release said. He died later that day.

In July 2023, a Boyd County grand jury declined to file criminal charges against officers involved in Wilkerson’s arrest. The family previously announced they had hired civil rights attorney Ben Crump, who represented the families of George Floyd, Breonna Taylor and others who were killed by police. According to court documents, the family is now being represented by Northern Kentucky lawyer Brandon Voelker.