On November 5, 2018, U.S. District Judge John Tuchi granted summary judgment in favor of the Pinal County Sheriff in a Fourth Amendment excessive force case. Williams v. Pinal County, et.al., 2:16-cv-03921-JJT-BSB.
Plaintiff Katrina Williams claimed a Pinal County Sheriff’s Deputy used excessive force when, during a vehicle stop to effect a misdemeanor shoplifting investigation, the Deputy broke her driver’s side window, used a Taser on her two to three times in drive-stun mode, and physically extracted her from the vehicle when she refused to exit. Williams was in the vehicle with her three minor children, and claimed fear drove her to refuse the Deputy’s commands.
Immediately after the incident, then-Pinal County Sheriff Paul Babeu, armed with a 1-page insurance pool settlement and release agreement, brokered a $25,000 settlement with Williams over a series of telephone conversations, some negotiation concerning settlement amount, and a visit to Williams’ residence. A check was delivered to Williams, which she never cashed. Instead, Williams lawyered-up and filed suit.
The Pinal County Sheriff argued the Deputy’s actions were constitutionally permissible or, at the very least, did not violate clearly established constitutional law. But, it was the settlement and release that won the day.
Judge Tuchi first noted that settlements and releases are governed under federal law when federal constitutional claims are at issue. The settlement and release must be “voluntary, deliberate, and informed.” To make sure that is the case, the Court looks at four factors: 1) is the release agreement clear and unambiguous; 2) what is the education and business experience of the plaintiff; 3) is the release agreed-upon in a non-coercive atmosphere; 4) did the plaintiff have the benefit of legal counsel; and 5) is the release supported by adequate consideration. The party seeking the enforcement of the settlement and release bears the burden to show its validity.
Judge Tuchi agreed that “when fairly arrived at and properly entered into, settlement agreements and releases are generally viewed as binding, final, and as conclusive of the rights of the parties as is a judgment entered by a court.”
Here, Judge Tuchi found the 1-page settlement and release clearly and unambiguously provided for payment of money in exchange for the release of “any and all claims.” Williams, who had an AA degree from the University of Phoenix in Business and actively negotiated the settlement, was deemed sufficiently educated and business savvy. Even though he was persistent in pursuing a resolution, Sheriff Babeu’s multiple telephone calls and single visit to the home – at Williams’ request – were determined not to create a coercive atmosphere. When Williams asked whether she should seek counsel, Sheriff Babeu indicated only that, if she did, it would end his involvement in the settlement and release process. Judge Tuchi determined this statement was merely one of fact, and that Williams was never prevented by the Sheriff from seeking the advice of counsel. Finally, Judge Tuchi found the $25,000 payment to be sufficient consideration.
It was important to Judge Tuchi, though not necessarily required, that Williams was not in custody, did not have pending criminal charges against her, and was an active participant in the settlement process, having negotiated a higher settlement than the Sheriff had first offered.
Under the totality of these circumstances, Judge Tuchi found the settlement and release was valid, and entered judgment in favor of the County on the constitutional claims brought by Williams.
AMRRP recognizes that obtaining an early settlement and release of claims, and doing it correctly, can be difficult. However, Member City and Town Managers, Risk Managers, Police Chiefs and Command Personnel should always keep in mind that an early settlement and release are in their tool-kit to be considered, especially in matters where liability can be readily seen on the horizon.
AMRRP stands ready and willing to assist Member Cities and Towns in assessing whether an early settlement and release is an option and, if so, the strategy by which to pursue it.
To access this, or any of AMRRP’s other LEAP services, please contact Jim Gill [email protected] 602-368-6656.
