Mt. Vernon Register-News

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July 31, 2010

Southern 30 lawsuit settled for $750,000

By TESA CULLI tesa.culli@register-news.com

MT. VERNON — Settlement details in the federal lawsuit claiming two Jefferson County deputies tased three children and assaulted a fourth at Southern 30 Adolescent Center in July 2008, have been released in court documents.

The lawsuit was filed in July 2009 by the state-appointed guardian of the defendants. The lawsuit named Sheriff Roger Mulch and deputies David Bowers and Lonnie Lawler as defendants, and charged the two deputies with excessive force and excessive force/failure to intervene.

Earlier this year, a settlement was reached in the case, and once the settlement orders are accepted by the judge, the case is expected to be dismissed.

“The defendants have offered by and through their insurance carrier to compromise and settle any right of action which may exist against them ... in full satisfaction of any claims which the ward or the guardian of said ward may have growing out of the occurrence. Defendants have denied all liability,” the first settlement order on behalf of one of the youth states.

The settlement of “a global sum of 750,000” has been approved, and from that amount attorney fees of $350,000 will be deducted as well as court costs of $13,162.81.

“The attorney’s fees and costs are to be assessed in equal shares among the four plaintiffs, with the balance being distributed equally among the plaintiffs,” the order states.

The four defendants will receive, in a structured settlement from an annuity,  $5,000 on June 1, 2012, at the age of 18; $30,000 on June 1, 2015, at the age of 21; $50,000 on June 1, 2019, at the age of 25; and $93,054.60 on June 1, 2024, at the age of 30.

“The court retains jurisdiction over this claim until the parties file a motion or stipulation to dismiss the case,” the order states. In a previous notice to parties, the court extended the date for entry of judgment to Aug. 30.

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