From the Portland Tribune, September 19 2008
Washington County has no plans to build up its casualty fund even with two wrongful death lawsuits filed in federal court
How much will three deaths at the hands of sheriff’s deputies cost Washington County? And can the county afford it?
Ultimately, it could be up to a jury to decide.
Today, Washington County has two deputy-involved wrongful death suits filed against it in federal court – for the shooting deaths of Lukus Glenn in September 2006 and Jordan Case in October 2006.
And the family of Shane Grundmeyer, a man shot and killed by sheriff’s deputies on Feb. 16 of this year, submitted a tort claim letter in April notifying the county of their intentions to sue.
So far the Glenn lawsuit is the only one that has attached a monetary value to its claims – two claims for relief, each for $7 million.
The last wrongful death suit filed against a Washington County Sheriff’s deputy was in 2001. A federal jury threw out the $10 million lawsuit filed by the family of Rodney Ray Layman, who was shot and killed by a deputy during a traffic stop.
But how would Washington County handle a wrongful death suit if it had to pay?
Up until last year, the county had operated as a completely self-funded insurer for liability claims. It maintains what is called a casualty fund. Instead of paying premiums for insurance to an outside company, the county pays into its own fund which is used to pay on general liability claims.
The county currently has about $2,268,179 in its casualty fund.
That number seems insufficient when compared to the $14 million relief claims being sought by the Glenns. But County Risk Manager Sara Stevenson said the county has no plans to increase the fund even with some possible multi-million lawsuits on the horizon.
Stevenson said she is confident in the actuarial studies done every two years that inform the county how much to put in a casualty fund in order to keep pace with complaints and claims.
“It assumes the future will follow the past,” Stevenson said.
And in the past, the county’s done well at keeping its claims and payments down.
In 2006-2007, the county’s casualty fund paid out just under $194,000 for liability claims. Last fiscal year it paid out $46,000, but Stevenson expects that number to go up as the county settles some claims. During fiscal year 2007/2008, the county had 135 tort claims filed against it. Four of those resulted in lawsuits.
Last October, the county began purchasing excess liability insurance after an appellate court ruled that tort claim caps even for public entities were unconstitutional. In the case of a large suit, the county would only be liable for the first $1 million. Stevenson likened it to how a deductible works for car insurance.
Unfortunately, the new insurance doesn’t apply to incidents that happened before Oct. 1, 2007, and wouldn’t pay in the cases of Glenn and Case. If the county were slapped with a multi-million dollar court decision, it could look at a structured settlement, Stevenson said.
As with any claim, Stevenson said her office investigates the claims for any negligence on the part of the county. While all three shootings were cleared of criminal wrong doing by the district attorney’s office, Stevenson said her office does another investigation for civil lawsuits.
And if her office finds any negligence on the part of the county, it tries to settle.
In each of the three deputy-involved cases, the Washington County District Attorney’s Office called the shootings “justified.”
And in each case, the men were under the influence when they encountered Washington County sheriff’s deputies. Lukus Glenn had a blood alcohol content level of .18 at the time of his death. Case had been ingesting hallucinogenic mushrooms. And Grundmeyer, according to a toxicology report, had a substantial amount of methamphetamine in his blood at the time of the shooting.
The Case lawsuit – which names Washington County and the cities of Tualatin and Sherwood as well as the officers and deputy involved– has a tentative November 2009 jury trial date.
Agencies named in the Glenn shooting lawsuit, including the city of Tigard, Washington County and the officer and deputies involved, have not yet filed their answers to the lawsuit allegations.
Grundmeyer’s family has reportedly switched lawyers, and John McVea, who represented the family for the tort claim letter, said he’s unsure if they have retained new counsel yet or not.
• LUKUS GLENN
Hit with: eight bullets
The call: On Sept. 16 2006, Washington County Sheriff’s deputies responded to a domestic disturbance call in Metzger involving a male subject armed with a knife.
The outcome: Deputies fired eight rounds into 18-year-old Glenn as he, according to police, tried to run back into his home.
The family’s claims: Among 12 failures listed by the Glenn family one says Washington County and Tigard failed to properly train law enforcement in management, detention and arrest of persons suffering from mental impairments.
• JORDAN CASE
Hit with: four bullets
The call: On Oct. 21, 2006, a Tualatin woman called 9-1-1 to report an intruder in her apartment.
The outcome: A deputy shot 20-year-old Case three times in the chest as he opened the door to a running patrol car. After another attempt to enter the vehicle, Case was shot in the head.
The family’s claim: Echoes the Glenn family claims that the county and cities of Sherwood and Tualatin didn’t provide adequate training for management, detention and arrest of people suffering mental impairments.
• SHANE GRUNDMEYER
Hit with: two bullets
The call: On Feb. 16, 2008, two deputies devised a plan to intercept 39-year-old Grundmeyer in Aloha. He was wanted on a felony warrant.
The outcome: Deputies shot and killed Grundmeyer as he, according to the deputies, rammed two patrol vehicles with his BMW in an attempt to elude law enforcement.
The family’s claims: According to the tort claim letter, “force was used in the stop resulting in Grundmeyer’s death.”
