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County Attorney's Report 9. 2.

BCC Regular Meeting

Information

Meeting Date:	01/23/2020
Issue: Summary Judgment - Estate of Alfred E. Wesley v. Escambia County, et al., Case No.: 3:18-cv-1368-TKW/HTC
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Summary Judgment in Favor of County in the matter of the Estate of Alfred E. Wesley v. Escambia County, et al., Case No.: 3:18-cv-1368-TKW/HTC.

That the Board accept the following informational report concerning the Estate of Alfred E. Wesley v. Escambia County, Dr. Lawrence Mobley and Andrea Lewis, ARNP, Case No.: 3:18-cv-11368-TKW/HTC.

BACKGROUND:

Mr. Wesley was arrested and booked into the County Jail on December 9, 2015. Dr. Mobley started Mr. Wesley on a regimen of Risperdal for symptoms related to schizophrenia. After three weeks, Mr. Wesley began experiencing slurred speech, mumbling and drooling. This was an abrupt change from when last seen and the Risperdal was discontinued by Dr. Mobley. Mr. Wesley was then placed in the jail infirmary which required hourly observations. During one of those observations, he was found unconscious and immediately transported to the hospital where he was pronounced dead on January 15, 2016. The autopsy later showed extensive cardiac disease.

US District Court Judge T. Kent Wetherell II granted the County’s, Dr. Mobley’s and Ms. Lewis’ motions for summary judgement and dismissed the case in its entirety. Judge Wetherell found that the County, Dr. Mobley and Ms. Lewis were not deliberately indifferent to the medical needs of Mr. Wesley and did not cause his death. The written order by Judge Wetherell is attached. The Estate would have thirty days to appeal to the U.S. Eleventh Circuit Court of Appeals in Atlanta. It is not known whether the Estate’s attorneys are planning to appeal. The County would be entitled to what is known as taxable costs in the form of deposition transcripts, photocopies, etc. However, the Estate is more than likely without any assets at this point. The County, Dr. Mobley and Ms. Lewis were represented by attorneys retained by the County's detention liability carrier, Brit’s Syndicate, through Western Litigation, the third-party administrator.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Order Granting Summary Judgment