Ga. Supreme Court to hear Tifton wrongful death lawsuit

Jun. 16—ATLANTA — Oral arguments in a wrongful death lawsuit involving a man's 2019 death in the back of a Tift County Sheriff's Office cruiser will be heard by the Georgia Supreme Court Tuesday.

Sherrie McBrayer is appealing lower courts' decisions in her wrongful death suit against Tift County Sheriff Gene Scarbrough, which stems from the death of her husband, James Aaron McBrayer, according to a court statement released Wednesday.

She claims in the lawsuit that her husband's death occurred as the result of the deputies' negligent loading of her husband into the sheriff's department car, according to the statement.

The trial court ruled that sovereign immunity barred the wife's claims and the Court of Appeals affirmed that ruling.

In the early morning hours of Apr. 24, 2019, Tift County Sheriff's deputies responded to the 300 block of Hall Road in Tifton in reference to complaints about a disturbance in the area, according to the Georgia Bureau of Investigation.

Once deputies arrived, they found James Aaron McBrayer, 41, of Tifton. An altercation broke out between McBrayer and deputies; one deputy was injured and required medical attention attempting to take McBrayer into custody.

Deputies tried using a taser but it was ineffective, the GBI said in a statement. Once in custody, McBrayer was placed in the rear of a patrol vehicle.

The lawsuit claims McBrayer was loaded horizontally with his hands and feet restrained and left unattended for more than 10 minutes, according to the court statement.

Deputies later found McBrayer unresponsive and called for EMTs. When EMTs arrived, he was pronounced dead.

Terry Richards is the senior reporter for The Valdosta Daily Times.