A federal lawsuit brought by a Minot woman against the City of Minot and Ward County in connection with the 2018 drug-related death of her son while incarcerated has been dismissed.

Plaintiff Dawn Wilkie and the defendants reached an agreement to dismiss on Nov. 16 in U.S. District Court-North Dakota Western Division. According to the city, the stipulated dismissal included a denial of liability or wrongdoing by the defendants and a release from all claims. No costs or attorney fees were assessed against either party.

Wilkie filed a complaint under the federal Civil Rights Act in January 2020. Listed as defendants along with the city and county were Minot police officers Charles Johnson and Todd Haman, former sheriff Robert Barnard, jail sergeant FNU Owens and jail captain Paul Olthoff.

Wilkie had sought $150,000 plus punitive damages and court costs for actions of the law enforcement agencies that she alleges led to the death of her son, Oscar Wilkie III, 26, while in the Ward County Jail. The death had not triggered a state investigation. The North Dakota Department of Corrections examined the preliminary report and only requested the Ward County Sheriff’s Office conduct an internal review, which it completed.

Oscar Wilkie had been arrested and charged with possession of drug paraphernalia on March 30, 2017. He was alleged to have violated bond conditions, resulting in a bench warrant being issued for his arrest Oct. 30, 2017. Officer Johnson took him into custody on Jan. 4, 2018. Wilkie became ill in jail, which the complaint stated was due to drug withdrawal, which Dawn Wilkie stated she had told law enforcement would be a concern when her son was taken into custody.

On Jan. 7, Oscar Wilkie was found unresponsive by his cellmate, who notified jail staff. Wilkie was transported to Trinity Hospital, where he remained until his death Jan. 10.

The complaint alleged defendants failed to ensure that Wilkie was properly examined by a physician during his incarceration in the jail, failed to properly monitor the presence of contraband by Wilkie, failed to house him in a cell that prevented the passing of contraband substances and failed to monitor the cell to prevent passing of contraband substances.