Family of killed inmate sues Marion County sheriff and deputies

Dennis DiGenova, 73, died in the custody of the Marion County Sheriff’s Office in July of 2023. [Supplied]

The children of Dennis DiGenova, a 73-year-old veteran who was killed in custody, are suing the Marion County Sheriff’s Office for their father’s wrongful death.

Dennis DiGenova Jr. and Ashley Whitehead have filed suit in federal court against Marion County Sheriff Billy Woods and three deputies, claiming that their father’s death was preventable and that his civil rights were violated while incarcerated in the Marion County Jail, according to court records in the Middle District of Florida.

DiGenova’s death is one of 31 known fatalities occurring in the custody of MCSO since January 2021. The “Gazette’’ has reported extensively on conditions within the jail and allegations of inappropriate use of force and medical neglect by workers at the facility.

MCSO said it will not comment on pending litigation.

DiGenova was brought to the Marion County Jail on July 18, 2023. He was being held at the Marion County Jail on a charge of aggravated assault with a deadly weapon without intent to kill after a dispute with his roommate. DiGenova died before he went to trial for the charge, and the case was closed after his death, according to court records.

During booking, he was the victim of force by Deputy Justin Douglas, Detention Deputy Jason Lester and Detention Deputy Charles Cicci, according to an internal investigation conducted by MCSO.

That same day, he was also in an altercation where he was kicked by another inmate—Philip Boyer.

DiGenova died 10 days later, on July 28, 2023, at the HCA Ocala hospital from complications related to a cervical spine fracture sustained while he was being held in the jail, according to the District 5 & 24 Medical Examiner’s Office.

The medical examiner ruled DiGenova’s death was a homicide. To date, however, no detention deputies nor inmates have been charged for their involvement in his death.

Now, his family demands a trial by jury in addition to judgment for damages against the sheriff for constitutional, state and civil rights violations. They are represented by the law office of Robert Rush, of Rush & Frisco Law.

The complaint alleges that MCSO was aware of DiGenova’s physical and mental health impairments, as DiGenova had previously called 911 for help after injuries and had previously been placed in protective custody under the state’s Baker Act by law enforcement.

“Woods failed to ensure that DiGenova was not discriminated against or punished because of his disability. As a result of DiGenova acting out on account of his disabilities, he was attacked by officers during the intake process and kept naked in his filthy cell. He was denied treatment for his physical infirmities until it was too late,” according to the complaint.

The complaint references other inmates who have died or been harmed in custody, including several individuals whose deaths the “Gazette” has reported on in recent months—Scott Whitley, Mayra Ramirez and Cory Merchant.

Additionally, the suit references former jail medical liaison Mary Coy, who came forward as a whistleblower and has now filed suit for wrongful termination against Woods and MCSO.

The use of force used by deputies against DiGenova was investigated by the MCSO Major Crimes Unit, but the investigators determined allegations that the actions of jail staff caused the injuries that led to DiGenova’s death could not be proven.

“The investigation revealed several other mechanisms and factors which could have caused orcontributed to Inmate DiGenova’s injuries which ultimately led to his death,” according to the report.

According to records, while he was housed in the jail, being transported and being treated at the hospital, DiGenova often vocally told others that deputies caused his injuries.

The complaint also alleges that MCSO staff attempted to cover up the cause of DiGenova’s Injuries.

“Upon information and belief, Sergeant Clinton, who accompanied DiGenova to HCA Ocala, attempted to cover-up the use of excessive force by reporting that DiGenova had fallen at the jail and refused medical treatment,” according to the complaint.

The break in DiGenova’s neck caused the complete transection of his spinal cord at C7, toward the base of his neck, which hospital staff said caused paralysis to part of his body.

The suit also alleges escalated occurrences of use of force at the jail, going from 219 incidents in 2019 to a peak of 602 incidents in 2023—while calling for a solution.

“The MCJ Detention Deputies need ongoing training and education in de-escalation techniques, crisis intervention, implicit bias recognition and in the care and custody of special needs inmates,” according to the complaint.

Editor’s Note:  Investigate This! at The Marshall Project provided guidance to the Ocala Gazette team on how to navigate obtaining information under the federal Death In Custody Reporting Act.

For previous reporting on the Marion County Jail, visit the links below. 

Details into the 2023 death of an elderly veteran in the Marion County Jail

Young woman dies in MCSO custody, details remain undisclosed

Mayra Ramirez needed urgent hospitalization before her death in custody

Family seeks answers in the death of 39-year-old inmate

Whistleblower sues Marion County Sheriff Billy Woods

Six more recent deaths in law enforcement custody come to light

Florida has no law requiring deaths in custody to be reported by local law enforcement

People in the Marion County Jail are suffering. This is why it matters.

Jail footage shows inmate complied with orders before fatal use of force

“Ocala Gazette” lawsuit against MCSO to be reassigned to another judge following hearing

 ‘Ocala Gazette’ sues MCSO over video of jail inmate’s death at hands of deputies

Family of Marion jail inmate who died in custody files wrongful death suit against sheriff

No charges for officers involved in inmate death

Inmate death at Marion County Jail prompts FDLE investigation