Nine lawsuits are on record against the Daviess-DeKalb Regional Jail in which former Administrator Larry Hadley is a party. Hadley was fired as administrator of the jail a year ago in January, 2011, after working there for five years.
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Three cases involve former female employees of the jail and have been settled. Five of the cases involve suits by inmates and have been dismissed. A sixth "inmate vs. jail" case remains to be decided. The following is a brief summary of these cases.
One sexual harassment suit closed on June 16, 2010. The plaintiffs were Amy Sue Curtis of Maysville, Kayci Porter of Hamilton, and Cassie Brown of Bethany. The women are former employees of the jail. The jail’s insurance carrier negotiated a settlement with the plaintiffs before the court ruled whether or not the case would go to trial.
The plaintiffs received a total sum of $310,000 for settlement of all claims, including attorneys’ fees. Curtis, Porter and Brown each received payment of $58,467.34. A check for $134,597.98 went for attorneys’ fees and costs to the law offices of Ensz & Jester, P.C.
Gayle Dawkins of Cameron brought suit under the Missouri Human Rights Act. This case was dismissed with prejudice on Oct. 21, 2011.
Katherine Wright of Gallatin brought suit with the nature of the claims being assault and battery under Missouri common law. This case was dismissed with prejudice on Dec. 16, 2011.
Financial settlements were made in the Dawkins and Wright cases, though they were significantly less than the plaintiffs had initially demanded. Insurance paid $18,000 to Dawkins and $12,000 to her attorney. Insurance paid $38,400 to Wright and $31,600 to her attorney. The financial amounts were for full and final settlement of all claims.
The insurance carrier for the jail district entered into compromise settlements of the Dawkins and Wright cases, according to M. Douglas Harpool, the jail’s attorney. At the time of settlement, liability continued to be denied by the jail district and its former employees in each case.
The insurance carrier entered into the settlements to avoid further litigation costs and attorney fees, Harpool said, noting that the costs associated with lengthy jury trials in Kansas City were avoided by the settlements. In addition, any disruption to jail operations caused by further litigation and the Kansas City trials was averted.
@center = Cases brought against the jail by inmates and dismissed —
Travis v. Hadley et al. Damonne Travis filed suit in July, 2007. Travis sued for $3 million for cruel and unusual punishment and racial discrimination. The plaintiff failed to pay a filing fee and changed address without informing the court. The case was dismissed without prejudice in September, 2007.
Bowman v. Hadley et al. Brian V. Bowman filed suit in April of 2010. Bowman claimed he was attacked by three officers. The case was dismissed without prejudice in July, 2010, when Bowman failed to pay the filing fee.
Conrick v. Lacy et al. Michael Thomas Conrick filed suit in May of 2010. His primary complaint was that he suffered the effects of mace on two separate occasions. Because the plaintiff failed to provide his initial disclosure, defendants did not have information concerning plaintiff’s witnesses, potential exhibits, or his claimed damages. The case was dismissed in April of 2011 without prejudice.
Schnelle v Hadley et al. James Randall Schnelle filed suit in May of 2010. Schnelle complained that he was sick and that the nurse and administrator at the jail said he wasn’t sick. While incarcerated, the plaintiff filed more than three cases that the Court dismissed summarily. Because the plaintiff failed to show that he was under "imminent danger of serious physical injury," (three-strikes rule), the case was dismissed without prejudice in September, 2010.
Burgess v Hadley et al. Jimmy L. Burgess filed suit in August of 2010. Burgess accused jail employees of withholding legal documents that were part of his child support case. The Court would not consider the case in piecemeal fashion. The plaintiff was directed to file a single amended complaint in which he listed all of the people he wanted to sue, briefly describing how each of those people may have violated his constitutional rights. The plaintiff failed to comply with the Court’s order and the case was dismissed without prejudice in December, 2010.
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When a case is dismissed "without prejudice," it indicates the absence of a decision on the merits of the case and leaves the parties free to litigate the matter in a subsequent action, as though the dismissed action had not been started.
Cases dismissed "with prejudice" are final and cannot be refiled. Dismissal with prejudice signifies that the court has made a judgment on the merits of the case and a final disposition, barring the plaintiff from bringing a new lawsuit based on the same subject.
@center = One inmate case ongoing
There is only one case still ongoing between the jail administration and an inmate — Chaney v. Hunter filed suit on June 21, 2010. Defendants are Nurse Lindsey Hunter, Administrator Larry Hadley, Shane Pritchett, Marcy Adams and Wendell Roberts. Scott Alan Chaney filed suit in June, 2010. The plaintiff claims that officers violated his federally protected rights by failing to provide adequate medical care while he was incarcerated.
The plaintiff alleges that the named officers showed deliberate indifference to his serious medical needs while he was incarcerated at the Daviess-DeKalb County Regional Jail.
The defendants claim Burgess complained of a minor medical issue and received proper treatment. The plaintiff’s complaint centers on being told to "piss on his feet" while antifungal cream was ordered. This is not sufficient to support a claim for deliberate indifference. The last filing in the court case was a change of address noted in October of 2011.