SC Police Wrongful Death Lawsuit: Elderly Dementia Man Dies

Police Negligence Lawsuit Raises Alarms

By Darius Spearman (africanelements)

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Tragedy Unfolds: Elderly Arrest Misconduct

Another heartbreaking story highlights the vulnerability of our elders in custody. Eddie Dean Bigham was a 76-year-old Black man living with dementia. On July 11, 2024, West Columbia police arrested him for an unspecified misdemeanor offense. The details surrounding the arrest itself remain unclear based on available reports. However, what happened during his transport to jail led to devastating consequences.

Officer Anita Chestnut was responsible for transporting Mr. Bigham. Shockingly, he was placed in the patrol car without being secured by a seatbelt. While en route, another driver, Alexander Scott Frye, reportedly failed to yield and collided with the police vehicle (Atlanta Black Star; The State). Because Mr. Bigham was unrestrained, the crash inflicted critical injuries. Sadly, he succumbed to these injuries a week later, passing away on July 18, 2024. The failure to use a basic safety restraint during transport is a central point of concern, consequently leading to this tragedy.

Dementia Patient Protections Ignored?

Dealing with law enforcement can be stressful for anyone. For someone with dementia, like Mr. Bigham, it’s exponentially more challenging and dangerous. Dementia significantly impairs judgment and cognitive functions. This includes problem-solving, decision-making, and understanding complex situations or instructions (Judgment in Mild Cognitive Impairment and Alzheimer’s disease). With its inherent stress and confusion, an arrest scenario can worsen these effects.

Individuals with dementia might struggle to comprehend legal rights or follow commands, increasing their vulnerability. While someone with mild dementia might still express choices, understanding the legal context or consequences is often difficult (Capacity issues and decision-making in dementia – PMC). Standard police procedures may not adequately account for these cognitive deficits. Therefore, specialized handling and protocols are crucial when interacting with this population. The failure to secure Mr. Bigham raises serious questions about whether his condition was properly considered, potentially violating essential dementia patient protections.

Seeking Justice: Wrongful Death Lawsuit Filed

Mr. Bigham’s grieving family is now seeking accountability through the courts. They have filed a wrongful death lawsuit alleging negligence and gross negligence by the authorities involved. The lawsuit names the City of West Columbia, the West Columbia Police Department, and Alexander Scott Frye, the driver who collided with the patrol car (Atlanta Black Star; The State). Frye received a citation for failure to yield but is also sued for negligence. Allegations against the city and police include speeding, failure to brake or yield (related to Frye’s actions impacting the police vehicle), reckless endangerment, and crucially, the failure to secure Mr. Bigham.

The family’s trauma was compounded by how authorities handled the aftermath. They report being notified only “several hours” after the crash occurred. Furthermore, their access to Mr. Bigham at the hospital was reportedly restricted until his final days (Atlanta Black Star; The State). Delays in notification are particularly concerning for dementia patients, as stress can rapidly worsen their condition (Capacity issues and decision-making in dementia – PMC). The lawsuit seeks damages for Mr. Bigham’s suffering before death, loss of companionship for the family, and punitive damages. Consequently, a dispute resolution hearing is scheduled for September 26, 2025.

Patrol Car Safety Protocols Questioned

A fundamental aspect of police transport is ensuring passenger safety. Standard protocols often mandate the use of seatbelts for all individuals being transported, regardless of custody status. This is especially critical for vulnerable populations, including the elderly or those with cognitive impairments like dementia. Failing to restrain Mr. Bigham appears to be a direct violation of basic safety procedures. Consequently, this alleged lapse is central to the family’s lawsuit (Atlanta Black Star; The State).

The lawsuit alleges both negligence and gross negligence. Negligence generally means failing to exercise reasonable care. Gross negligence implies a more serious, reckless disregard for safety (Capacity issues and decision-making in dementia – PMC). If specific protocols existed for transporting individuals with known vulnerabilities like dementia, ignoring them could potentially elevate the claim from simple negligence to gross negligence (NRI Inc.). Transporting an elderly man with dementia unrestrained, thereby exposing him to severe risk in a potential crash, arguably demonstrates such reckless indifference. Therefore, the lack of seatbelt use is not just a detail; it’s a critical failure alleged in this case.

Broader Concerns: Systemic Issues and Accountability

Officer Anita Chestnut’s background adds another layer to this case. At the time of the incident, she served as a school resource officer (SRO) (Atlanta Black Star). SROs typically handle situations within schools, and their training might not fully cover interactions with vulnerable adults experiencing dementia crises (NRI Inc.). Her resume reportedly indicated her employment ended in September 2024, but her current official status with the department remains unclear. Chestnut previously gained public attention in 2018 for reporting her own brother for theft, which led to his life sentence.

This tragic incident also forces us to consider broader systemic problems. How are officers trained to recognize and respond to individuals with cognitive impairments like dementia? Are there specific protocols for transporting vulnerable adults? Furthermore, structural racism can worsen health outcomes, including increasing dementia risk in Black communities due to disparities in healthcare access and exposure to stress (Pittsburgh City Paper). This potentially makes Black elders with dementia disproportionately vulnerable during interactions with law enforcement. Ultimately, Mr. Bigham’s death underscores the urgent need for better training, stricter adherence to safety protocols, and greater accountability within police departments, particularly when dealing with our community’s elders.

ABOUT THE AUTHOR

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.