VALLEY CITY, N.D. (NewsDakota.com) – A federal civil rights lawsuit has been filed against Valley City and Barnes County in the 2018 death of a man who died days after being taken into custody.

72 year-old Warren Lindvold was arrested in July 2018 for DUI. He later died at a Fargo Hospital six days later. The suit comes after the Cass County State’s Attorney’s Office announced that no criminal charges would be filed in Lindvold’s death.

Lindvold’s family is now demanding a jury trial, filing a civil suit in the United States District Court for the District of North Dakota.

The lawsuit lists several alleged violations by Valley City Police and the Barnes County jail from an awareness of Lindvold’s ankylosing spondylitis to using excessive force and violating his Fourth Amendment protections against arrest without probable cause.

The complaint also alleges that officers displayed indifference to his serious medical needs before he was taken to the jail.

Court documents say Lindvold’s blood-alcohol concentration was 0.03%. The threshold for a drunken driving conviction in North Dakota is 0.08%. The complaint says Lindvold was illegally arrested and that the results of the breath test were withheld from him.

Barnes County Sheriff Randy McClaflin and Mercy Hospital are among the 12 co-defendants. The lawsuit is seeking a jury trial and unspecified damages.

You can read more here on the original investigation.

Below is footage released by the department of Lindvold’s arrest.