Family of slain Frenchman plans lawsuit

Keith Paul

Tuesday, March 6, 2001 | 1:57 a.m.

The family of a French citizen who died in the Clark County jail during a struggle with guards planned to file a federal lawsuit this morning claiming there is an "atmosphere of lawlessness" inside the jail that allows excessive force without fear of discipline.

"This isn't about money. This is about justice," said Philip Moreau, cousin of 31-year-old Philippe Le Menn who died Jan. 4 in a scuffle with as many as five guards inside a jail cell. "We don't give a damn about the money. We want to change the system so they will be held liable for what they do."

The lawsuit, to be filed in Las Vegas, names Sheriff Jerry Keller, seven guards and two jail sergeants as defendants along with the company that provides medical services to the jail, according to a copy provided to the Sun.

It claims the seven guards "were directly responsible for causing Philippe Le Menn's death by asphyxiation by choking him to death on Jan. 4 ... or observing him being choked to death without intervening."

Metro Police officials would not comment on the lawsuit this morning, saying the department does not talk about pending litigation.

Last month a Clark County coroner's inquest jury ruled the guards' actions in Le Menn's death were excusable, meaning their actions were not justified, but didn't rise to the level of being criminal. The inquest, which does not allow cross examination of witnesses, was deemed by the family and their attorneys as one-sided and not a thorough investigation.

"They can pat themselves on the back all they want and say they are a model facility, but this case proves their policies and their actions are woefully inadequate and crass in dealing with someone in Mr. Le Menn's condition," said Allen Lichtenstein, a American Civil Liberties Union attorney, who is representing the family along with noted civil rights attorney Paul Hoffman.

According to the suit, Keller and Metro allowed "an atmosphere of lawlessness and a lack of accountability to prevail in the (jail), leading to the belief that excessive physical force may be used against inmates without fear of discipline or other sanctions."

The suit claims the guards violated Le Menn's constitutional rights and international law when Le Menn told them he was French and wanted to speak with the consulate, but his request was not heeded.

Le Menn was in the jail after he was arrested by Clark County school police at an elementary school. Le Menn was accused of banging on a school bus, saying he was there "to save the children." He was booked on three misdemeanors.

The suit also claims the guards are not properly trained in dealing with mentally ill inmates or supervised. During last month's inquest, most of the guards testified Le Menn was behaving bizarrely. A guard testified Le Menn was alone in a cell talking to himself, then talking to a milk carton before saying he wanted to die.

He was then taken to a cell with a video surveillance to be watched more closely. When one of the handcuffs was taken off Le Menn in the cell, he started to struggle with guards, police said. None of the guards testified they touched his neck or put pressure on his back that would cause the asphyxia.

"Every single one of those individuals (in the cell) knew exactly what happened and didn't say so," Lichtenstein said.

The ACLU, the French government and the Le Menn family has been demanding a federal investigation into actions of the guards.

The FBI notified Metro Feb. 13 that agents were conducting a preliminary inquiry into Le Menn's death. The FBI has 21 days from the start of the inquiry to submit a report to the Department of Justice, which will determine if a full investigation into civil rights violations is necessary, Special Agent Daron W. Borst, spokesman for the Las Vegas FBI office, said.

The Justice Department has not decided if further investigations into Le Menn's death will be conducted, Christine Romano, a Justice Department spokeswoman, said.

The family has continued to ask questions about what happened in the jail and say the coroner's inquest did not uncover the answers.

"The family will not simply go quietly into the night, no matter how much money is thrown at them," Gary Peck, executive director of the ACLU of Nevada, said. "They are interested in accountability and justice, and only when they get both will they consider the matter at all resolved."