$1.23M settlement sought in Floyd Co. jail suit
Floyd County, Indiana, is seeking to settle a federal class action lawsuit alleging inhumane conditions at the county jail for $1.23 million.
The county and six former inmates reached an agreement last month that is now pending a judge's approval, court records show.
According to the suit filed in mid-2014 in U.S. District Court in New Albany, jail officers forcibly removed inmates' clothes, left them naked for prolonged periods and subjected them to excessive force, all while the inmates did not pose a security threat to warrant the treatment.
While the county is settling the suit, the agreement isn't a concession of wrongdoing by the jail or a lack of merit on the former inmates' claims, the agreement notes.
Attorneys fees will take 37 percent – about $455,000 – as well as an estimated $45,000 in other costs off the top of the settlement fund. Each of the six named plaintiffs is set to receive $15,000 for their "time and energy" in the process.
► PREVIOUSLY:Floyd County jail suit granted class action status
The settlement agreement applies to inmates not on suicide watch who were put in a padded cell where they were deprived of clothes, bedding and hygiene products between June 12, 2012, and the present.
Court records indicate there are approximately 200 people in the class. Those who were additionally subjected to either pepper spray or a stun gun are eligible to file a claim to receive $3,000, per the agreement.
Remaining funds will then be evenly divided among all members who file a claim – up to $25,000 per class member. Any amount over $25,000 will then go back to the defendants.
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Former Floyd County Sheriff Darrell Mills, three others employed as jail officers during the time of the suit and Jane/John Doe officers are also named as defendants in the suit.
Named plaintiffs – Tabitha Gentry, Janelle South, Anna Chastain, Adam Walker, Vincent Minton and Michael Herron – agreed not to publicly talk about the settlement, court records show.
Their attorneys, Laura E. Landenwich, Theodore W. Walton and Daniel Canon, also agreed not to "solicit media attention" on the settlement and only give information detailed in the court record and not share any opinions.
They consented to not name the insurance company "or provide who is providing the settlement funds..."
Landenwich, reached Monday, said the proposed settlement agreement is still under review by a judge and has not yet been approved.
An attorney for the defendants and the Floyd County jail did not immediately respond to a request for comment.
While Floyd County is not acknowledging any wrongdoing as part of the agreement, the jail does appear to have undergone some reforms.
As part of the settlement, the defendants noted that the jail's "combative subjects" policy, which was in use when the named defendants were jailed, is no longer in use. Field training officers will be independently certified and any new jail employees who supervise inmates will receive training on how to handle inmates, the parties said in the settlement.
The agreement also noted that the jail's facility supervisor, security supervisor and classifications officer will go to inmate behavior management training offered by the National Institute of Corrections in May or July 2017.
Reporter Matthew Glowicki can be reached at 502-582-4989 or mglowicki@couier-journal.com.
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