$8.5 Million Settlement for Family of Irvo Otieno, Smothered at a Virginia Psychiatric Hospital
Won by Ben Crump Law.
Ben Crump and Richmond attorney Mark Krudys, representing the family of Irvo Otieno, negotiated an $8.5 million settlement with the Commonwealth of Virginia, Henrico County, and the county sheriff after the 28-year-old died of asphyxiation while being pinned to the floor by deputies and hospital staff during his admission to a state psychiatric hospital. A Henrico Circuit Court judge approved the settlement in September 2023.
What happened
Irvo Otieno, a 28-year-old aspiring hip-hop artist who had emigrated from Kenya as a child, was experiencing a mental health crisis in March 2023 when Henrico County police took him into custody under an emergency custody order. Over the following three days he was moved from a hospital to the county jail, where his family says he was denied his medications, and then, on March 6, transported to Central State Hospital, a state psychiatric facility south of Richmond, for admission.
What happened in the hospital's intake room was captured on surveillance video that prosecutors later released publicly. Otieno, handcuffed and in leg irons, was pulled to the floor and pinned there by a group of Henrico sheriff's deputies and hospital employees, as many as ten people at various points, for roughly eleven minutes until he stopped moving. He was pronounced dead that afternoon. The medical examiner ruled his death a homicide caused by positional and mechanical asphyxiation. The case drew immediate national comparisons to George Floyd's death and intensified scrutiny of how the mental-health and criminal-justice systems intersect: a man in psychiatric crisis had died during the very hospital admission that was supposed to help him.
Otieno's mother, Caroline Ouko, and his brother retained Richmond trial lawyer Mark Krudys and Ben Crump, who used the surveillance footage to press both criminal prosecutors and the civil defendants. Second-degree murder charges were initially brought against seven deputies and three hospital workers, and the family's legal team pushed in parallel for a civil resolution that would not require years of litigation against three separate government defendants.
In September 2023, about six months after Otieno's death, the family agreed to an $8.5 million settlement with the Commonwealth of Virginia, Henrico County, and the Henrico County sheriff. A Henrico County Circuit Court judge approved the deal, under which the defendants denied liability. After attorneys' fees and expenses, roughly $5 million went to Otieno's mother and family. Krudys and Crump announced the approval jointly, framing the speed and size of the settlement as an acknowledgment of what the video showed.
Beyond the compensation, the case pushed Virginia lawmakers to examine the handling of people in mental-health crises in custody, and Otieno's family channeled part of its advocacy into mental-health reform in his name. For Crump's practice, the case extended his police-accountability work into the psychiatric-custody setting, among the fastest seven-figure resolutions of any of his major wrongful-death matters.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.CNN: Family of Black man who died while restrained in a mental health facility agrees to $8.5 million settlement·Archived copy
- 2.Richmond Free Press: Family of Irvo Otieno agrees to $8.5M settlement(original offline)
- 3.WRIC ABC 8News: Irvo Otieno's family settles with Virginia, Henrico and county sheriff for $8.5 million·Archived copy
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