Oklahoma County jail legal settlements cost $2.5M
Oklahoma County jail legal settlements cost $2.5M

© Copyright 2008, The Oklahoman

Allegations of death, abuse and neglect in the Oklahoma County jail cost taxpayers more than $2.5 million in legal settlements and attorney fees in the past decade, county records show.

Featured Gallery

 

Advertisement

One inmate reached a $580,000 settlement after jailers beat him so severely his testicles swelled to the size of "softballs,� said officials who saw pictures of the injury.

Another inmate gave birth in jail to a boy who died. She got $385,000 after claiming inadequate medical care.

Abuse has been rampant at the jail for years, but problems are kept quiet largely because inmates' lawsuits usually don't go to trial, current and former county commissioners said.

"It's inadvertently covered up by these out-of-court settlements, so the public doesn't know,� said former Oklahoma County Commissioner Stan Inman. "We settled a bunch of them because we knew we were sunk going in, and the fear of what a jury will do.�

The county has paid nearly $1.8 million since 1998 to settle nearly three dozen lawsuits over jail troubles. Some of the taxpayer money went to former inmates and some went to the families of dead jail inmates, the records show.

Dozens more jail-related lawsuits and tort claims are pending. The county still owes $361,000 of unpaid settlements, which are sometimes paid in installments.

Commissioners said they typically rubber-stamped payments to settle jail claims at the request of their attorneys and attorneys for Sheriff John Whetsel, who oversees the problematic jail.

"In all instances, we follow the recommendation of the district attorney,� Whetsel said.

Whetsel said a vast majority of lawsuits against him are dismissed, and cases that are settled are done so in the best interest of the taxpayer. Avoiding trial costs and the possibility of a large jury verdict ultimately saves taxpayer money, the sheriff said.

The cost of settlements is low when considering the $10 million in revenue that is created by booking 45,000 people into the jail each year, Whetsel said. He said other sheriff's departments of similar size have paid out tens of millions of dollars in settlements in the past decade.

"In the grand scheme of things, I think our judgments in Oklahoma County have been minimal and our attorneys have done an excellent job of protecting that,� Whetsel said.

A U.S. Justice Department report made public last week highlighted a litany of problems with violence and medical care at the jail. Such problems led to most of the settlements reviewed by The Oklahoman.

"It's my opinion that the county settles to keep from public view the actual facts of the case,� District 2 Commissioner Brent Rinehart said. "There's no explanation about having a man's testicles kicked until they're blue and the size of softballs.�

Rinehart lost his re-election bid and has been Whetsel's biggest critic of late.

The largest settlement the county has agreed to pay for a jail incident was the $580,000 to former inmate Timothy Miller, who sued after being beaten by jailers in 2003.

"The plaintiff had the (surveillance) videos,� Inman said. "When you see those videos, you say, ‘Man, we don't stand a chance.'�

Commissioners were shown the videos during private settlement discussions.

"It's clear that he's just sitting here and they beat him to a pulp,� Inman said. "Picked him up off of the bench and just body-slammed him.�

Commissioners were also shown pictures of the man's injuries, which were extensive in his genital areas.

"I was just sick when I saw them, just thinking how could a guy take a beating like that and settle for $600,000? I'd have owned the county if it had been me,� Inman said.

Whetsel fired the employee.

"Our employee just flat did not follow training and violated policy and procedure,� Whetsel said. "We had to accept responsibility.�

Typically, the sheriff and the commissioners are all sued over jail incidents. Hiring a private attorney for the sheriff is deemed acceptable because the district attorney's office feels it is a conflict of interest for its attorneys to represent both the sheriff and commissioners — a decision that stemmed from past political disagreements between Earnest and Whetsel.

Bonham and Whetsel are longtime friends, and Bonham often gives money to Whetsel's election campaigns. The attorney donated $2,750 to the sheriff's current re-election campaign, reports show.

Usually, and especially in the case of larger settlements, the county's retirement fund will buy the settlement amount from the county.

This allows the payment to be made in one lump sum, which typically isn't possible under other payment scenarios, said Assistant District Attorney John Jacobsen.

The retirement fund is funded by tax dollars. It is designed to pay for the salary and retirement of current and former employees.

What's unusual is that county officials often view the retirement fund method as an investment rather than a payment because a state statute requires that all money given to the retirement fund include 10 percent interest, Inman said.

When the county uses tax dollars to pay the retirement fund back for buying the settlement, the retirement fund gets a 10 percent return on its investment.

"It's just another way to stick it to the taxpayer,� Earnest said.

County Treasurer Butch Freeman disagreed, and said it helps during negotiations to be able to offer plaintiffs a lump sum payment rather than multiple payments.

The practice typically leads to lower overall total settlement amounts for the taxpayers, despite the 10 percent interest, Freeman said.

Inman said, "When all the parties come out on the deal, the sheriff can say he never lost a lawsuit, the guy that got injured goes away and the county gets 10 percent interest on the settlement and the taxpayers pay it — who's going to say anything?�

Contributing: Staff Writers Nolan Clay

News Photo Galleriesview all

LibertyFest Parade

View pictures from the July 4, 2009 parade in Edmond.

17 photos

Sally Kern: Thursday, July 2, 2009

Photos of State Rep. Sally Kern, who launched a proclamation for morality at a state Capitol rally Thursday morning.

12 photos

Daily Published Photos: July 2, 2009

View photos from The Oklahoman.

41 photos

Daily Published Photos: July 1, 2009.

View photos from The Oklahoman.

47 photos

Page 1 of 5

Prev 1 2 3 4 5 Next