The family of Irvo Otieno, a Black man who tragically died while being restrained at a Virginia mental health facility, has agreed to an $8.5 million settlement in their lawsuit against the state, county, and sheriff. The settlement was approved by a judge and filed in the Henrico County Circuit Court.
Irvo Otieno, aged 28, died in March after being pinned to the ground in handcuffs and leg irons for 12 minutes at the mental health facility. The Office of the Chief Medical Examiner of Virginia ruled his death a homicide by asphyxiation. The family filed a lawsuit against the commonwealth of Virginia, Henrico County, and the Henrico County Sheriff.
Seven sheriff’s deputies and one hospital worker still face pending trials on second-degree murder charges related to Otieno’s death. They have not yet entered pleas.
Otieno’s encounter with law enforcement and the subsequent tragedy began when Henrico County police officers responded to a possible burglary and placed him under an emergency custody order, as concerns were raised about his potential to harm himself or others due to mental illness. He was taken to a hospital but reportedly became physically assaultive towards officers. Consequently, he was taken to Henrico County Jail, booked, and later transferred to the mental health facility in Dinwiddie County, where he died during the intake process.
Surveillance video revealed that security officers had pinned Otieno to the ground for 12 minutes, and he had been held in a holding cell at Henrico County Jail, where he was naked and pepper-sprayed by deputies.
As part of the settlement agreement, the defendants do not admit any liability and deny that their actions caused Otieno’s death but have agreed to pay $8.5 million.
Irvo Otieno’s family lawyers, Ben Crump and Mark Krudys, expressed their satisfaction with the resolution, stating that it honors Irvo’s life. The settlement also carries a confidentiality agreement.
Virginia Governor Glenn Youngkin called Otieno’s death a “profound tragedy” and pushed for a settlement to alleviate some of the suffering that Irvo’s family faced, recognizing that no settlement can replace the loss of a loved one.
