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Sheriff’s office may face wrongful-death claim

The family of an inmate who died while in custody at the Montezuma County jail is expected to file a wrongful-death claim early next year.

Durango attorney Joel Fry has confirmed that he represents the daughter of Edward Lyen, who died while in custody at the jail in June 13. Fry said the Montezuma County Sheriff’s Office has been notified of the potential lawsuit.

“The suit will be filed,” he said.

The Montezuma County jail is a 104-bed facility operated under the direction of the sheriff’s office. Lyen, 61, was the first of two inmates to die while in custody at the jail this year.

Fry added that he expects to file the wrongful death claim in district court within 90 days.

According to a 16-page Montezuma County Sheriff’s Office incident report, Lyen reportedly left a suicide note, which in part questioned the sheriff’s office suicide watch policy.

Lyen was reportedly booked at the jail at 10:13 a.m. on the day in question for a single count of sexual assault of a child. Approximately 12 hours later, the incident report indicates that Lyen was discovered unconscious inside holding cell seven. His death was ruled a suicide by Montezuma County Coroner Charlie Rosenbaugh.

Previously, Montezuma County Sheriff Dennis Spruell said two deputies were reprimanded in connection to the incident for not following proper protocols.

In regard to the lawsuit, Spruell said the factual basis of the claims were both “exaggerated” and “untrue.”

“I am convinced that we are going to win this case without any issue,” Spruell said.

tbaker@cortezjournal.com