The brother of a man who died while in the custody of Canton police two years ago has filed a federal civil rights lawsuit alleging police used excessive force and acted recklessly during the 2024 arrest that preceded his death.
The complaint filed in U.S. District Court in Akron alleges two officers “killed Decedent Tyson in the same manner that Minneapolis police killed George Floyd in 2020.” It accuses first responders of failing to give proper medical aid to Tyson as he was unconscious and lying down.
John Tyson, administrator of the estate of his deceased brother, Frank E. Tyson, filed the suit on April 16. He is seeking $13 million from a list of defendants that includes the city of Canton, Police Chief John Gabbard, Fire Chief Akbar Bennett and two police officers who have pleaded not guilty to reckless homicide in connection with the death, Beau Schoenegge and Camden C. Burch. Also named as defendants are three police supervisors, five firefighter/paramedics and a fire department captain.
Canton Law Director Jason P. Reese declined to comment on April 17.
The case has been assigned to Judge Sara Lioi.
Frank Tyson, 53, died April 18, 2024.
Before his death, the Canton Township man drove into a utility pole, abandoning the damaged car and entering the nearby AMVETS building on Sherrick Road SE. People there, concerned about his behavior, told him to leave and called 911 seeking help to have him removed.
Schoenegge and Burch took Tyson into custody, handcuffed him and placed him face-down on the floor. Tyson told them he couldn’t breathe, according to police bodycam video. One officer put his knee into Tyson’s back for about a minute. The other officer then realized Tyson had no pulse and was unsuccessful in attempts to revive him.
John Tyson’s complaint says, in part, that “Tyson was choked and suffocated and lived with fear and conscious knowledge of his painful and immediately impending death prior to dying, Plaintiff’s family was destroyed, and all have endured pain, anguish, embarrassment, humiliation, feelings of powerlessness, harm to self-esteem, emotional distress, fear, anxiety, emotional agony, loss of support, loss of companionship, loss of sense of personal safety, dignity, and legal fees and costs.”
Schoenegge and Burch are scheduled to go on trial Aug. 10 in connection with Tyson’s death.
John Tyson is being represented by six members of the Mentor-based DiCello Levitt law firm that has been representing the Tyson family.
Reach Nancy at 330-580-8382 or nancy.molnar@cantonrep.com.On X, formerly known as Twitter: @nmolnarTR.
This article originally appeared on The Repository: Frank Tyson’s brother files civil rights lawsuit against Canton
Reporting by Nancy Molnar, Canton Repository / The Repository
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