HomeMy WebLinkAboutResolutions - 1984.11.29 - 17384November 23, 1984
MISCELLANEOUS RESOLUTION #83T6
BY! FINANCE COMMITTEE, DR, G, WILLIAM CADDELL, CHAIRMAN
IN RE: SHERIFF DEPARTMENT - PUNITIVE DAMAGES - HELEN ROBINSON t etc.,
V. JOHANNES MEIN, at al
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS a suit was initiated against Sheriff Johannes Spreen et al, for
damages in the case of the death of a former Oakland County Jail prisoner
who suffered Alzheimer's disease and subsequently died in a State Hospital;
and
WHEREAS judgment was entered in favor of the plaintiff Helen Robinson,
personal representative of the estate of William Robinson, deceased,and
agairst the defendent Sheriff Johannes Spreen; and
WHEREAS the plaintiff was initially awarded $300,000 actual damages and
$400,000 punitive damages; however, a subsequent order from the Judge reduced
the amount of punitive damages to $100,000; and
WHEREAS an agreement has been reached to pay the plaintiff $400,000;
and
WHEREAS the insurance company has agreed to pay the $300,000 in actuAl
damages pursuant to the terms of the insurance contract; and
WHEREAS $100,000 punitive damages is not covered by the insurance compan:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of CommissieAs
authorize the payment of $100,000 to the plaintiff to cover punitive damages in
the above case.
BE IT FURTHER RESOLVED that the Board of Commissioners approves payment of
$100,000 from the Law Enforcement Liability Reserve Account.
Mr. Chairman, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
I HER' APPROVE THE F01=',Lc.7,01NG R1:30LLITION
142A
Den i€1 T. Murpity,"C-c4n4y Exeo.JEsv jtó
PC1 C. RATE
IMMO
MONS
JONN E DOILJL
OWN
CONDON L WWLII
N11.0115
UNDAI. WANILIVIRI
1144411
DONALD F. SAWN
11010114,
KAU W. IANDAIL
=MN
COUNTY OF OAKLAND
AVM t ligiANWM.CMPAIT I.00ICM5
DEPARTMENT OF CORPORATION COUNSEL
MEMORANDUM
TO: RUSSELL MARTIN, ,Deputy Director
Management and Budget Department
FROM: JOHN F. ROSS, Jr., Assistant Corporation Counsel
RE: Helen Robinson, etc. v Johannes Spreen, et al
Case No. 82-71655
DATE: October 23, 1984
Enclosed please find the documents which I talked to you about con-
cerning the judgment of punitive damages against John Spreen in the
above case. The first document which is dated January 11, 1984 is
a copy of a Judgment from a jury verdict awarding to the Plaintiff
$300,000.00 actual damages and $400,000.00 punitive damages, both
with Interest against Johannes'Spreen. The second document which I
am enclosing is dated June 5, 1984 and it Is an Order from the ;;Ildge
remitting or reducing the -amount of punitive damages from $400,000,00
to $100,000.00.
The insurance company has agreed to pay the $300,000.00 in actual
damages pursuant to the terms of the insurance contract. It is up
to us, therefore, to pay the $100,000.00 punitive damages against
the Sheriff.
If you feel that this matter can be expedited without going through
the Oakland County Board of Commissioners please notify me as soon as
possible. However if it must go through the Board of Commissioners,
then I would appreciate your assistance in preparing the appropriate
resolutions in order to facilitate this matter.
Please note that at this juncture we have an agreement with the plain-
tiff to pay her $400,000.00, period, no interest, no attorneys fees,
etc. Therefore the total amount which we would be paying to the
plaintiff would be $100,000.00.
Thank you for your cooperation in this matter. I remain
John i. R P9 lP
JER/an
Encs.
1300 NORTH TILBONAPN ROUX romuc. hOCHIGAN 4.053
RALPHAVTGUY, JR.
United States DistrAt Judge -
A TRUE COPY
UNIT= STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HELEN ROBINSON, Personal
Representative of the Estate
of WILLIAM ROBINSON, deceased,
Plaintiff
CIVIL NO. 82-71655
OFFICER BAILEY, OFFICER T.
TARPENING, and JOHANNES F. SPREEN,
Defendants. .
, ORDER GRANTING IN PART AND DENYING IN PART
DEFENDANT SPREEN'S MOTION FOR NEW TRIAL OR,
IN THE ALTERNATIVE, FOR REMITTITUR
This matter is before the court on defendant Spreen's
motion for a new trial or, in the alternative, for remittitur.
The court has reviewed the motion and the briefs filed in support
thereof and in opposition thereto and, in accordance with the
attached Opinion;
IT IS ORDERED that Defendant Spreen's Motion for New
Trial or, in the Alternative, for Remittitur IS DENIED as to the
Issues of liability and compensatory damages, and GRANTED IN PART
as to the issue of punitive damages.
IT IS FURTHER ORDERED that Plaintiff accept remittitur
in the amount of $300,000.00 in the punitive damage award or a new
trial in this natter.
JUN 3 /.:*1..q DATED: CLERK, U. S. DISTRICT COUR
EASTERN DISTRICT OF kili:MiGAN
VS •
k L
Daletlat Detroit, Michigan
of January .19 84.
this 11th day
Clerk of Court
BY:
Deputy CArk <1.
IT IS SO ORDERED:
. CITY, JR.
United States Di.eeyct Jvdre
• 4 6(.10,910NA -Co •
.014 •-• .`" • • 1.1-....14.n this, ,r44" 41.1"1/1°'
• ••pil•“-• -ft& I % • • •• • ram • - •
L.; tailed S14tc3 District Court P0V"4 LASURN DISTRICT or MICHIGAN
SOUTHER; DIVISION
HELEN ROBINSON, personal representative
of the estate of William Robinson,
deceased,
Plaintiff,
vs.
CIVIL ACTION 1 82-71655 MEMO.
OFFICER BAILEY,
OFFICER gr. TARPENING,
JOHANNES SPREEN, Defendants.
This action came on for trial before the Court and a jury, Honorabk Ralph B. Guy* Jr •
, United States District Judge, presiding.
The iSSUCS having been duly tried and the jury having duly rendered its verdict. itis ordered and adjudged
that judgment is entered in favor of the plaintiff Helen Robinson, personal representat:.
of the estate of William Robinson, deceased and against the defendant Johannes Spreen
and assess acrual damages in the amount of S300,000.00 and punitive damages in the
amount of $400,000.00, with interest as provided by the law.
IT IS FURTHER ORDERED AND ADJUDGED that judgment is entered in favor of
defendants Officer Bailey and Officer T. Taxpening and against the plaintiff Helen
Robinson, personal representative of the estate of William Robinson, deceased of no
cause of action.
Pursuant to the provisions of Rule 54(d) F.R :C.P. such costs as may be taxed
by the clerk are alloved.
bAcki•t& atlo
ROBERT A. MOSSING
November 3, 83306 MISCELLANEOUS RESOLUTION
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: PAYMENT OF PUNITIVE DAMAGES ASSESSED AGAINST CERTAIN SHERIFF DEPUTIES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, ladies and Gentlemen:
WHEREAS three (3) Oakland County Sheriff Deputies were defendants in a
lawsuit for damages for false arrest and false imprisonment; and
WHEREAS final judgement awarded to the plaintiffs against the defendants
granted August 12, 1982 totaled $165,000; $135,000 assdssed against the
defendants as actual damages paid from the County's insurance carrier and .
$30,000 or $10,000 per deputy for individual punitive damages which has not
been paid to the plaintiffs; and -
WHEREAS the County Executive has reviewed the judgement award and recommends
said funds be paid by the County and that the County immediately pursue collection
of said award from its insurance carrier under the law enforcement liability
coverage policy; and
WHEREAS the unpaid judgement amount totals $10,000 per deputy plus $4,000 ir
interest or a total of $14,000 per deputy or $42,000 if payment is received on or
before December 1, 1983.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes pay-
ment in the amount of $42,000 which represents payment of individual punitive
damages as a result of judgement against said Sheriff Deputies.
BE IT FURTHER RESOLVED that the Board of Commissioners directs the Department
of Central Services through its Division of Insurance and Safety to pursue collec-
tion of said judgement through the County's insurance carrier, National Sheriff
Association-Police Professional Liability Section-who provides the County With
Police Professional Liability.
BE IT FURTHER RESOLVED that the Board of Commissioners directs the Office of
Corporation Counsel to prepare the necessary documents to immediately proceed
with any legal action against the National Sheriff Association upon denial of
said claim.
BE IT FURTHER RESOLVED that pursuant to Rule XI-C of this Board, the Finance
Committee finds $42,000 available in the Law Enforcement Liability Reserve and
directs the Corporation Counsel to settle said issue with the defendants of this
case with a settlement of $42,000 payable according to said judgement.
•n•nn•n•••n••••-
BE IT FURTHER RESOLVED that as a condition precedent to the payment
af the $42,000.00, Deputies William R. Wes, Douglas J. Lindsay and Michael
Odette .shall grant to the County of Oakland subrogation of their rights and
shall execute such documents as are necessary.
BE IT FURTHER RESOLVED that the Office of Corporation Counsel report .
• -
back to the Finance Committee upon any further action necessary against the
County insurance carrier.
Mr. Chairperson, on behalf of the Finance Cowmittee 1 move the adoption
of the foregoing resolution.
FINANCE COMMITTEE.
?
Ii
-1
‘)
().
i )
e
/83306 November 3. 1983
' Moved by Page supported by Richard Kuhl the resolution be adopted.
AYES: Lanni, Law, Mcronnell, McDonald, McPherson, Moffitt, Moore, Nelson,
Page, Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, CalaRdno, Doyon, Foley, Fortino,
Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
I.
STATF OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do herelq certify that I have compared the annexed copy of
Miscellaneous Resolution 183306 adopted by the Oaklanc0County Board of COmmissioner.i
at their meetinEheld on November 3, 103_
with the orginlal record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of.said County at Pontiac, Michigan .
3rd day of Ali Nov mber 1983
1111Pr
4,
g. ALLEN
Coun y Clerk/Register of Deeds
this
JCH/egm
Attachment
lk C. Hays
/-/ 9z- /
Willie( I IL:uunly txectutve
DEPARTMENT OF CORPORATION COUNSEL
Gordon R. Wyllie JACK C. HAYS John F. Ross, Jr.
858-0555 Director 858-0558
8550551 Donald F. Slavin Linda E. Wasielewsid
858-0554 858-0553
MEMORANDUM
TO: CAROL CMUNOVICH,
Accounting Department
FROM; JACK C. HAYS,
Corporation Counsel
DATE: November 8, 1983
RE: STUBBLEFIELD v WILES, et al;
No. 80-71291
Please prepare a check pursuant to Resolution 83306, adopted
November 3, 1983, by the Board of Commissioners, in the amount
of $42,000.00, payable to:
BEAUREGARD STUBBLEFIELD and
BENJAMIN STUBBLEFIELD and
DENNIS M. FURMAN, Attorney
1460 Walton Boulevard, Suite 60
Rochester, MI 48063
I would appreciate it If you would return the check to me for
disbursing as soon as possible.
VAM GENERAL FUND
/-
10100 ii-i5-63
AUDITED '
' A PP -- ROVED PREPARED FUND de' VOUCHER DEPT.
BY COUNTY DEPARTMENT . NO. if DATE v0. NO.
•
f0365k)Ot STUBBLEFIELD, BENJAMIN BEAUREGARD AND DENNIS FURMAN, ATTY.
VENDOR/ MVOICE TRAN
MIVOME0 NMXMM MME am ACCOUNTWOMFWATION AMM IN
kESOLUTION 42,000.00 600 1-492-019 42,00 VOUCHER TOTAL 42,0C
<
,,....,_
-,
i STUBBLEFIELD VS WILES
• r.
FINANCE COMMITTEE
_October 1!L1963
PAGE 2
Award of ControckdCounfyCourthouse Alarm System
Perinoff moved approval of the attached suggested resolution.
Supported by Rewold.
Motion carried unanimously on a roll call vote with Moffift and Page absent.
Award of Contract-Miscellaneous Sidewalk Repairs
Mr. tvtalinowski discussed the problems with Iwo of the bids and distributed copies of
Corporation Counsel's opinion regarding such. (Copy on File)
Rewold moved approval of the attached suggested resolution.
Supported by Nelson.
Motion carried unanimously on a roll call vote with Page absent.
Award of Contract-Courtyard rdWain, WI
Perinoff moved approval of the attached suggested resolution.
Supported by Doyon.
Motion carried unanimously on a roll call vote with Page absent
Vefticle Upgrade-Sheriff 's Deportment (Trusty Cam)
Perinoff moved approval of the attached suggested resolution.
Supported by RewolC
Motion carried unanimously on a roll call vote with Page absent.
Captain Mathew indicated that he will provide an annual report to Committee.
Reassessed Taxes
Perskick moved approval of the attached suggested resolution.
Supported by Perinoff.
Motion carried unanimously on a roll call vote with Page absent.
Discussion to Determine if Insurance Coverage is Provided for .
Punitive Dominos Assessed Against Certain Sheriff Deputies
Mr. Dick presented backgthund information regarding insurance coverage for punitive damages
for Sheriff's Department personnel. He explained that originally there was coverage, but there
CI
was a period of time when it was excluded. in May 1979, the State Insurance Commissioner
\ . ruled that insurance companies cannot exclude punitive damages, so it is now inclucied.
During the period when there was a lapse (May 1978), three deputies were involved in an
Incident In Avon Township which resulted in a judgement against the County and the deputies
Individually. The County insurance did pay for the County portion but not for the deputies
($10,000 per deputy) The deputies ore requesting that the county pay the damages.
FINANCE COMMITTEE
• October 13, 1983
PAGE 3 sic
.1•nn•nn••
burance far P._ 4 minue0
Lanni moved to refer back to administration to determine if all administrative
and legal remedies hove been exhausted iooluding: (I) review of Sterlff's
Department labor contracts outlining insurance provisions (2) possible legal
action against the insurance company *skint; to rewrite the policy
after the fact because It was in violation of public policy (3) Corporation
Counsel's opinion as to whether or not this is a proper use ot taxpayer funds.
Supported by Pawold.
Motion carried on a voice vote with Page absent.
**lb**
Perinoff moved that we get a recommendation from administration at the next
meeting in the form of a resolution either to pay this judgment or not to pay it.
Supported by Fortino.
Motion carried unanimously on a roll call vote with Pace absent.
Legal ExPense-Judge James P. Sheehy
As Corporation Counsel-Cysts not avallaple, Mr. Martin presented We details of the request.
• Perinoff moved to pay the fee of $3,760. Supported by Nelson.
lb As there was no resolution prepared,
Pernick moved to postpone to the next meeting. Supported by Hobart.
Motion carried on a voice vote.
Overtime Report
Pemick moved to carry forward. Supported by Fortino.
• Motion carried on a voice vote with Page absent.
Miscellaneous Resolution 083264-installation of Joiltroc System
Perinoff moved approval of the attached substitute Fiscal Note'.
Supported by Lanni.
Motion carried on a roll call vote with Pemick dissenting and Page absent.
Miscellaneous Re3olution 183283, 1983 C.Y.E.R.A. House Funding-
.1983 Disbursement Agreement
Fortino moved approval of the attached Fiscal Note. Supported by Doyon.
Motion carried unanimously on a roll coil vote with Moffitt and Pogo absent.
itta io
1984 Marine Safety Griot Application .
Fortino moved acceptance of the ziport and its referral to the
Public Services Committee. Supported by Perinoff.
41-Voice vote.
Esmill_q_Punitive Damages Assessed Agglinst Certain lemr14120±29I1E!
Doyon moved approval of the attached suggested resolution.
Supported by Lanni.
Jack Hays recommended that if the Hoard of Commissioners authorizes the
payment of these damages, then the resolution should be amended requiring i
the deputies to subrogate their rights and sign whatever documents are 1 necessary.
Gosling moved that the resolution be amended to include the
the stipulation that the deputies involved subrogate their rights
to the County. Supported by Hobart.
Amendment carried on a voice vote.
Main motion, as amended, carried unanimously on a roll
call vote with Pernick absent. x- ( )
Misc. ga:-Pant, One (1) Additional Deputy Position - Law Enforcement
Patrol Service and/or Police-School Liaison Program - Avon Townshi
Lanni moved approval of the attached Fiscal Note.
Supported by Rewold.
Motion carried unanimously on a roll call vote with Pernick
absent.
Misc. Res. #83295, Funding Change of Five (5) "Other Source" Con-
struction Inspectors IV and Deletion of Seventeen (17) Vacant "Other
Source ° Construction Inspection Positions in the Construction Inspection
Unit of the Drain Commissioner
Moffitt moved approval of the attached Fiscal Note. Supported
by Gosling.
Motion carried unanimously on a roll call vote with Page Perinoff,.
Pernick and Doyon absent.
Discussion of Retention of Frin-e Benefit Consultant
T is materia was provi.e to t e committee me ,-ers at this point in time
for their information and perusal.
Misc. Res. #83296, New Classification for Parks and Recreation
Fortino moved approval of the attached Fiscal Note. Supported
by Moffitt.
Motion carried unanimously on a roll call vote with Page,
Perinoff and Pernick absent.
Moti
29th da y of November l98 ,
ALLEN
County Clerk/Register of Deeds
e
V'
#84316 November 29, 1984
Moved by Caddell supported by Nelson the resolution be adopted.
Moved by Nelson supported by Richard Kuhn the resolution be amended in the
first NOW THEREFORE BE IT RESOLVED paragraph by adding: "contingent upon the Plaintiff
confirming there shall be no costs or interest paid, and that any appeal is withdrawn
or waived." at the end of the paragraph after the words "In the above case".
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page,
Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, Fortino,
Gosling, Hobart, Jackson, R. Kohn. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #84316 adopted by the Oakland Count Board of Commissioners
at their meeting held on November 29, 1984
with the orginial record thereof now remaining in my office, and
that Ti is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, t have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this