Attorneys file $27 million wrongful death claim in fatal stabbing by Clark County deputy
Sep 17, 2026, 6:03 PM | Updated: 7:15 pm
Officials say they are investigating after a Clark County sheriff’s deputy fatally stabbed a DUI suspect. (Photo courtesy of the Clark County Sheriffs Office)
(Photo courtesy of the Clark County Sheriffs Office)
Attorneys Mark Lindquist and Angus Lee have filed a $27 million wrongful death claim against Clark County on behalf of the family of Marc Fogle. The claim alleges Fogle was unjustifiably killed by a sheriff’s deputy who repeatedly stabbed him in the back with an unauthorized dagger.
Fogle, a commercial truck driver, was arrested for driving under the influence after colliding with parked vehicles, back in May, according to the claim. His vehicle sustained serious damage, and the front airbags deployed, which deputies themselves noted could indicate a concussion or traumatic brain injury.
Instead of calling for medical aid, Lindquist said, deputies transported Fogle to an isolated Washington State Patrol station for a breath test. There, Clark County Sheriff’s Office Deputy Bryson Layton was left alone with Fogle in a testing room.
Body camera turned off moments before fatal stabbing, claim states
The claim states that Layton’s body‑worn camera recorded Fogle appearing depressed and expressing suicidal thoughts. After Layton removed Fogle’s handcuffs, a physical confrontation occurred.
Moments later, Layton’s body camera was suddenly turned off. Just before the footage cuts out, Fogle’s hands are shown in a position that, according to the attorneys, makes it clear Fogle could not have turned the camera off himself.
Rather than creating distance, as standard law enforcement tactics typically advise, Lindquist said Layton allegedly pulled Fogle in close. The claim states Layton then stabbed Fogle 17 times in the back with a double‑edged dagger he personally carried. The weapon was not issued or authorized by the Clark County Sheriff’s Office.
Although Layton was equipped with a department‑approved Taser, he did not use it. He later asserted he believed a Taser could not be used at close range, a statement Lindquist said is false. The claim cites the sheriff’s office’s own policy, which reportedly states that the optimum range for the Taser begins at “zero feet.”
Beyond the alleged excessive force, the filing accuses the sheriff’s office of negligence, constitutionally deficient training and supervision, and a “systemic misuse” of body‑worn cameras.
After the stabbing, a supervisor instructed Layton to keep his body camera on until he provided a statement, according to the claim. However, once that supervisor left, another deputy suggested that he and Layton mute their audio. Multiple deputies allegedly then muted their body‑worn cameras while Layton spoke, gestured, and appeared to demonstrate parts of the fatal encounter.
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Attorneys allege ‘systemic misuse’ of body camera mute function by Clark County deputies
Deputies also allegedly muted their cameras during supervisory discussions, phone calls, scene‑security duties, and interactions with witnesses, which the attorneys argue concealed significant evidence.
“Body cameras have been highly important evidence in use‑of‑force cases,” Lindquist said in a statement. “Video often shows whether a killing was justified or not. Here, the muting or shutting down of body cameras raises serious questions that need to be answered.”
In July, Lindquist and Lee sent a letter asking the sheriff’s office to investigate what they described as apparent violations of department rules on body‑worn cameras.
“This letter concerns an issue separate and apart from allegations that Deputy Layton’s use of deadly force was unjustified,” Lindquist and Lee wrote. “Rather, it concerns what appears to be a systemic misuse of the body‑worn camera mute function by numerous Clark County Sheriff’s Office deputies.”
The attorneys are no strangers to litigation against Clark County. Lindquist and Lee have previously sued the county three times in cases alleging wrongful death and excessive force, resulting in settlements or awards of $7.5 million, $3.5 million, and $1.25 million, according to the claim.
Clark County and the sheriff’s office have not yet publicly responded to the new $27 million claim, which is a required precursor to a potential lawsuit.
“Because the claim could involve legal proceedings, the Clark County Sheriff’s Office will not comment at this time,” a sheriff’s office spokesperson told KIRO Newsradio via email.
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