Agenda

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County Attorney's Report 12. 1.

BCC Regular Meeting

Action

Meeting Date:	12/08/2016
Issue: Settlement of The Estate of Chad Day v. Escambia County, Case No.: 2016 CA 001048
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Mediated Settlement in the Case of Tiffany Jackson as Personal Representative of The Estate of Chad Day v. Escambia County, Case No.: 2016 CA 001048

That the Board take the following action:

A. To approve the settlement reached during mediation for the sum of $150,000.00 to be paid to Tiffany Jackson as Personal Representative for the Estate of Chad Day and her attorneys in exchange for the execution of a general release and stipulation for dismissal with prejudice, and;

B. That the Board authorize the County Attorney's Office to execute a stipulation for dismissal with prejudice once the general release is executed and delivered to the County Attorney's Office and settlement payment is made.

BACKGROUND:

Mr. Day was a pre-trial detainee in the custody of the Escambia County Jail on January 21, 2015. While in a holding cell located in the main jail, Mr. Day committed suicide. The Board authorized certain settlement authority. A mediation was held on August 11, 2016 and the recommended sum of $150,000.00 was within the settlement authority given to the attorneys retained by County's insurers and the County Attorney's Office. In addition to the payment of $150,000.00, certain policy changes were instituted at the jail at the request of the family of Chad Day and an expanded intake report with form will be utilized seeking information about prior suicide attempts and whether the detainee or inmate has been either voluntarily or involuntarily committed previously under the Baker Act.

Attached to this recommendation is the Mediation Settlement Agreement reached between the County's insurers, the County and Ms. Jackson as Personal Representative for the Estate of Chad Day and her attorney, Ryan Barnett.

BUDGETARY IMPACT:

$92,500.00 payment from general reserve fund representing the deductible of County's insurance policies.

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Settlement Agreement