Federal lawsuit: Walker Co. correctional officers watched while handcuffed inmate was assaulted days before Tony Mitchell died in custody

BIRMINGHAM, Ala. (WBRC) - A newly amended civil federal lawsuit claims Walker County Jail staff watched and failed to intervene as another correctional officer assaulted a handcuffed and injured inmate.

The suit filed on behalf of Jemayel Scott also names Courtlan Jones, who agreed to plead guilty in connection to Tony Mitchell’s death, as a defendant.

According to Scott’s lawsuit, on Jan. 9, 2023, another inmate assaulted him with a broomstick that jail staff had failed to confiscate after being warned about it by another inmate, and was then placed in a medical cell while waiting to be treated for his injuries. Scott’s attorneys, in the suit, claim then-jail officer Richard Holtzman refused Scott’s request to be moved to a booking cell to expedite the process, then sprayed Scott in the face with chemical spray, shut the door, then grabbed another officer’s baton and hit both the door and Scott while other officers including Jones watched but didn’t intervene.

The suit goes on to claim a then-uncuffed Scott tried to defend himself and grabbed the baton out of Holtzman’s hands, and that’s when several officers rushed into the cell and out of view of camera footage obtained by Scott’s attorneys.

At some point, according to court records, the jail staff handcuffed Scott because when he reappears in the camera’s view, “Holtzman retrieved the baton, put Plaintiff in a ‘headlock’ position while handcuffed, and struck Plaintiff in the face several times with a closed fist,” while other officers, including Jones, watched but didn’t stop the assault.

The lawsuit says Scott suffered several serious facial injuries as a result of the attack from the broomstick, fist, and baton, and is asking for damages.

In their response filed in court, the defendants admitted Holtzman struck Scott with a baton, but say Scott posed a physical threat to Holtzman and had threatened to kill the nurse on duty. That same group of defendants denied the rest of the allegations.

An attorney for the Walker County Sheriff told WBRC 6 News he had no comment regarding pending litigation.

Leroy Maxwell, an attorney for Scott, told WBRC, “We are pleased that Courtlan Jones has taken responsibility for his role in the death of Tony Mitchell. However, he is yet to accept responsibility for his role in the merciless assault of Jemayel Scott. We implore him to take ownership so this Walker County saga can conclude.”

clarification: In an earlier version of this report Jail Administrator Justin White was listed as a defendant per court records. On December 13, 2024, Scott's attorney moved to dismiss White as a defendant, per court filings.

Get news alerts in the Apple App Store and Google Play Store or subscribe to our email newsletter here.