Family of Andrew Washington, Killed by Jersey City Police, Sues Over Wrongful Death

Calls for mental health intervention led to a SWAT-team response with “tragic but predictable consequences,” lawsuit charges

(JERSEY CITY, NJ) — The national civil rights law firm Neufeld Scheck Brustin Hoffmann & Freudenberger, LLP (NSBHF) and New Jersey attorney Randy Davenport today filed a wrongful death lawsuit on behalf of the estate of Andrew “Drew” Washington, a Black man who was killed on August 27, 2023 by Jersey City Police Department (JCPD) officers who were sent to check on his safety during a mental health episode and instead broke down his apartment door, shot him twice, and tased him.

“Having a mental health disability is not a crime, and the price of seeking help during a mental health episode should not be a death sentence,” said Amelia Green, a partner with NSBHF. “Instead of ensuring Drew’s wellbeing, Jersey City police officers violated fundamental police rules and unnecessarily caused Drew’s death. Instead of connecting Drew with mental health services, they killed him.”

Today’s lawsuit comes amid growing recognition of the pervasive risks posed to individuals with mental health disabilities in encounters with law enforcement—a risk that is even greater in communities of color—and direction from state and national authorities on how to safely navigate these encounters. Nationally, more than one in five people fatally shot by police have mental health disabilities, according to a Washington Post database of fatal U.S. shootings by on-duty police officers. Compounding the problem, Black New Jersey residents are killed by police at a rate 8.3 times higher than white residents. As a result of these risks, the U.S. Department of Justice and the State of New Jersey have issued clear directives on how to navigate encounters with individuals experiencing mental health symptoms to avoid the unnecessary use of force; directives the complaint says JCPD violated.

“I am bringing this lawsuit so no other family has to suffer as we have,” said Drew’s sister Courtnie Washington. “Drew lived with a diagnosed mental health disability for many years. He didn’t die because of a mental health disability; my brother died because of the unlawful behavior of the police. We are determined to hold the police accountable and force policy changes so that men and women living with mental health disabilities like Drew’s can get the help they need without fear of death at the hands of police.”

Drew, who was 52 at the time of his death, was part of close-knit community that included nearby relatives. In the days leading up to Drew’s killing, his family repeatedly called the Jersey City Medical Center hotline as well as the RWJBarnabas Access Center, worried that their loved one was in the midst of a mental health episode and not taking his medication. They were repeatedly told no mental health personnel were available to come assess Drew. A police officer performed a wellness check on August 26 and determined that Drew was not a threat to himself or anyone else. The following day, a call from Drew’s family seeking assistance from a mental health professional resulted in law enforcement being dispatched to Drew’s apartment. Family members on the scene explained that Drew was alone in the apartment and was not violent.

What happened next, according to the complaint, was a textbook example of what not to do in an encounter with a person with a mental health disability: “In direct contradiction to basic de-escalation principles…[officers] unnecessarily treated the situation like a dangerous standoff that could only be resolved through use of force.” Drew was alone in his apartment, not suspected of any crime, and not a threat to anyone. His family had sought assistance from a mental health professional. But instead, armed with tactical gear, guns, and shields, officers taped over the peephole of Drew’s door and tied a rope around the doorknob, ignoring his requests for them to leave. Losing patience, officers decided to blow the door open—an action that predictably terrified Drew, who officers found in his apartment holding a kitchen knife. Moments later, he was shot and tased by officers. Family members waiting outside were not told that Drew had been shot and were prohibited from talking to him or going with him to the hospital, where he later died alone.

The day after Drew’s death, Jersey City Mayor Steven Fulop held a press conference defending the shooting, declaring: “You’d be hard pressed to say that the Medical Center and the Jersey City Police Department could have acted differently in this situation.”

“The mayor’s statements add insult to grave injury,” Green said. “JCPD violated basic state and national rules for how to safely interact with a person experiencing mental health symptoms, yet the mayor fully endorsed their actions. There was no justification for officers to break down the door to Drew’s apartment. If the police had followed state directives and well-known de-escalation principles, not to mention the U.S. Constitution, Drew would be alive today.”

Notably, Jersey City has declined to participate in ARRIVE Together, a pilot program from the state that pairs troopers trained in crisis intervention and de-escalation with a certified mental health screener and crisis specialist to respond to 911 calls involving behavioral health. A recent Brookings Institute study of the program concluded that it “has the potential to improve police-community relations, change law enforcement culture, and provide substantive assistance to people suffering from mental health symptoms.”

Today’s lawsuit, filed in U.S. District Court for the District of New Jersey, seeks damages for the violation of Mr. Washington’s federal and state constitutional rights, as well as discrimination claims under federal law, including the Americans with Disabilities Act.

Courtnie Washington, as administrator of her brother’s estate, is represented by NSBHF partners Amelia Green, Anna Benvenutti Hoffmann, and Nick Brustin, NSBHF staff attorney Rihanna Rey, NSBHF Cochran Fellow Sophia Villareal and Randy Davenport, a solo practitioner based in Cranford, New Jersey. The lawsuit is available here.

The defendants in the complaint are JCPD Officers Stephen Gigante, Felix DeJesus, Andrew Alas, Jasmere L. Epps, Auronny de la Cruz, Christian E. Ortiz, Sergeant Ryan P. Friend, Captain Jason E. Field, Deputy Chief Joseph Santiago; EMT Juan Miranda, and EMT Hunter Jackman, in their individual capacities; the City of Jersey City; Hudson County; Jersey City Medical Center, Inc.; and RWJBarnabas Health, Inc.

Read coverage of the lawsuit by the New Jersey Monitor here.

Read The Jersey Journal’s coverage of the case here.

Read Hudson County View’s coverage of the case here.

Read Gothamist’s coverage here.