Family seeking $10M in jail cell death

The family of a man who died in a Laguna Beach jail cell in January has filed a $10 million claim against the city, alleging negligence on the part of the police department.

The city has denied the claim by the family of 25-year-old Matthew Dunlevy, who died early Jan. 6 after spending hours in jail after being picked up in a local restaurant for alleged public intoxication.

The claim states the police department was negligent in not providing proper medical attention to Dunlevy while he was in their custody.

Dunlevy was arrested on Jan. 5 at approximately 10:50 p.m. on suspicion of public intoxication at the White House Restaurant. He was found dead in his jail cell at around 3:50 a.m. the next day.

The cause of death is under investigation.

A press release from the police at the time alleged that Dunlevy was “acting strangely” in the restaurant and “he was unable to care for his safety or the safety of others.”

Dunlevy was reportedly performing jumping jacks in the women’s bathroom when he was arrested.

The claim states police were unable to complete their booking process due to Dunlevy’s condition and failed to provide any medical treatment or safeguards required for inmates.

An investigation by the Orange County District Attorney into the incident is expected to be complete this week, the DA’s office said.

The claim is being made by Terry and Kathleen Dunlevy of Fountain Hills, Ariz.

Terry Dunlevy believes that a stun gun or tasering of his son may have been a factor in his death. Police would not confirm that a stun gun or taser was used on Matthew Dunlevy.

Gregg Thurston, the Dunlevys’ attorney, said he has been unable to retrieve information on the case due to the pending investigation.

“I feel like we’ve been kept in the dark about a lot of things,” Thurston said.

During a trip made to Laguna in February, Terry Dunlevy said he was frustrated with the lack of information provided to him during the course of the DA’s investigation.

“I don’t want to accuse or blame; I just want closure,” Terry Dunlevy said.

Described as a “free spirit” by his father, Matthew Dunlevy spent the last seven years of his life traveling from city to city doing odd jobs in construction, Terry Dunlevy said.

In Laguna, Matthew Dunlevy listed his address as a local homeless shelter.

Despite frequent traveling, Terry Dunlevy said he always kept in touch with his son, talking on the phone with him every week.

“My wife and I talked to him on the day he died. He said, ‘I put money down on a place for a month’s rent, but I’ve decided I don’t want to live like this. I want to come home,’” Terry Dunlevy said. cpt.21-dunleavy-CPhotoInfoPU1T3UR620060721j2oblqncCredit: Caption: (LA)Matthew Dunlevy