County settles $1 million civil rights suit for $35K
posted 12/05/01
San Juan County will pay $35,000 to settle a lawsuit filed by a San Juan Island family in January 2001. THe suit contended the sheriff and four deputies committed several civil rights violations two years earlier during an alleged domestic violence incident. The settlement dismisses the charges with prejudice. Both parties will pay their own costs.
The case was based on a claim that sheriff deputies improperly entered a
home without a search warrant. As part of the settlement, which was ratified by the Board of County Commissioners on Dec. 4, 2001, the prosecutor's office will conduct search and seizure training for the sheriff's office.
"The sheriff and individual deputies felt confident that had this matter
proceeded to trial, their actions were appropriate to protect a victim of
domestic violence. In view of the increasing episodes of domestic violence
in San Juan County and across the United States, and to effectively respond
to such incidents, the sheriff's department will continue training for
deputies on many topics including search and seizure and domestic violence,"
said Randall K. Gaylord, San Juan County Prosecuting Attorney.
"As a matter of business
judgment, the County will pay $35,000. This decision was made with the
County's insurer, the Washington Counties Risk Pool, who felt that the
modest payment would eliminate all risks and the potentially high costs of
trial, said Gaylord.
Civil rights suit against county
moved to federal court
posted 02/21/01
At the request of San Juan County prosecutors, a civil rights suit against the county, sheriff and four deputies has been moved to U.S. District Court in Seattle. Federal law permits moving lawsuits to federal court under certain conditions, including if alleged losses exceed $75,000. The plaintiffs in the suit, Todd Cochran and Darlene Wilson, alleged approximately $1,000,000 in losses in a claim filed with the Board of County Commissioners in May 2000, according to the county’s request filed Feb. 8.
Family alleges county, sheriff, deputies
violated their civil rights
posted 01/11/01
A San Juan Island family filed a lawsuit in San Juan County Superior Court Tuesday, Jan. 9, contending the sheriff and four deputies committed several civil rights violations two years ago during an alleged domestic violence incident.
Todd Cochran and Darlene Wilson, who also filed on behalf of her 14-year-old son Adam White, contend sheriff's deputies unlawfully forced their way into the family's home on Jan. 17, 1999; searched the home without a warrant; detained them without a warrant; falsely arrested Cochran; assaulted Cochran by placing their hands on him; assaulted Wilson by shoving her; and unlawfully imprisoned the couple by restraining them.
The suit, filed by the family's attorneys Carla Higginson and Charles Arndt, also accuses the county and Sheriff Bill Cumming of negligent employment; the county, Cumming and Undersheriff Jon Zerby of negligence in failing to properly train deputies Scott Brennan, Eric Gardiner and Tad Miniken. Cochran and Wilson also contend the defendants' intentionally inflicted emotional distress and were negligent in doing so.
Cochran and Wilson are seeking damages -- to be determined in court -- for their emotional distress.
"My clients really think this is a very valid claim," Higginson said. "They felt someone needed to take a stand and bring these problems to the public's attention."
Higginson said she and Arndt thoroughly investigated Cochran and Wilson's damage claims before taking on the case, which was filed after the county denied an administrative claim. "I do strongly believe our clients' civil rights were violated. This is not something we took lightly," she said.
Asked about the case, San Juan County Sheriff Bill Cumming could not comment since it involves pending litigation.
According to Higginson, Cochran and Wilson allege the following transpired on Jan. 17, 1999:
Wilson was up late at night and decided to walk to a nearby friend's residence. She slipped on a path and injured her ring finger. Wilson and her friend called the Sheriff's Office and were told medical workers were also handling another patient and that they should go the medical clinic.
Deputy Brennan was at the clinic and asked Wilson if she was injured by Cochran. Wilson was "adamant" that no one had injured her and offered to take Brennan to her home. Brennan continued to "badger" Wilson, asking if someone hurt her.
Upset, Wilson left without receiving treatment and went home. Later, while Cochran slept in a bedroom, White, 12 years old at the time, slept on a sofa and Wilson was awake, Brennan attempted to crawl in a window of their home. At the same time, Miniken and Gardiner, knocked on the front door.
Wilson went to the door and told Miniken and Gardiner they couldn't enter without a warrant, but they forced their way past her. Brennan abandoned the window and went through the front door. The deputies arrested Cochran.
Cochran was charged with fourth-degree domestic assault in San Juan County District Court. The charge was dismissed without prejudice one month later.
Higginson said her clients are pursuing the matter due to "fear other residents of San Juan County might be subjected to the same risks."
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