Agenda

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County Attorney's Report 10. 1.

BCC Regular Meeting

Action

Meeting Date:	09/21/2017
Issue: Approval of Settlement of the Administrative Claim of the Estate of Cedrick Lee Henderson
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Settlement of the Administrative Claim of the Estate of Cedrick Lee Henderson

That the Board take the following action:

A. Approve a settlement payment of $225,000.00 to Denise Palmer, Personal Representative of the Estate of Cedrick Lee Henderson, in exchange for the execution of a mediated settlement agreement and general release, with the first $107,500 to be paid by the County per applicable deductibles and the remainder to be paid by insurance proceeds; and

B. Ratify and approve the terms and conditions of the mediated settlement agreement and general release.

[Funding: Internal Service, 501 Fund have been set to fund the deductible portion of the settlement.]

BACKGROUND:

On September 23, 2015, Cedrick Henderson was an inmate at the Escambia County Jail when he committed suicide by hanging. Mr. Henderson had threatened suicide on two prior occasions and had been housed in the Jail infirmary pursuant to the Jail’s suicide prevention protocol. When released back to the general population of the jail after the second threat, he was not evaluated by a psychiatrist, but by an intern who was in the process of completing requirements to be a licensed mental health counselor. After being assessed by the mental health counselor intern, he committed suicide within hours of being evaluated. Mr. Henderson had been originally arrested for battery and detained in the Jail. While incarcerated, charges relating to sexual offenses involving two of his minor children were filed against him.

County’s liability detention carrier, Brits, an affiliate of Lloyds, through retained counsel and its third-party administrator, Western Litigation, recommended a certain range of settlement authority which was communicated to each of the Board members prior to mediation. This claim has been mediated within that range of authority. If the settlement is approved, the County will be responsible for the first $107,500.00 because of applicable deductibles. This settlement is also contingent upon guardianships being established for the three minor children of Mr. Henderson. Florida law requires that where a minor child will be receiving a settlement of more than $50,000.00 that a guardian ad litem be appointed by the Circuit Court to represent the interests of the minor child and that a guardianship be established to distribute settlement proceeds. The Circuit Court judge will determine the fairness of the settlement and will monitor the distribution of the proceeds among the three minor children.

The third-party administrator, Western Litigation, and retained counsel recommend settlement on the terms and conditions as set forth in the mediated settlement agreement.

BUDGETARY IMPACT:

The appropriate reserves from Internal Service, 501 Fund have been set to fund the deductible portion of the settlement.

LEGAL CONSIDERATIONS/SIGN-OFF:

Retained counsel has prepared the settlement documents.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Settlement Agreement
Addendum Lambeth
Addendum Palmer