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Wilson v. County of La, Settlement, Ca, Failure to Protect, 2007

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MEMORANDUM
January 30, 2007

TO:

THE LOS ANGELES COUNTY CLAIMS BOARD

FROM:

COLLINS, COLLINS, MUIR & STEWERT
John Collins and Catherine Mason-Mathers

RUBEN BAEZA, JR.
Principal Deputy County Counsel
Law Enforcement Services Division
RE:

Tony Shane Wilson v. County of Los Angeles

Los Angeles Superior Court Case No. BC 346184
DATE OF
INCIDENT:

March 27,2004

AUTHORITY
REQUESTED:

$80,000

COUNTY
DEPARTMENT:

Sheriffs Department

CLAIMS BOARD ACTION:

0' Approve D

~~
fj~J(~
~~U~

Disapprove

, Chief Administrative Office

ROCKY A. ARMFIELD

, County Counsel

- 1()

, Auditor-Controller

MARIA M. OMS

on

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HOA.42141O.1

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D

- 1,..

,2007

Recommend to Board of
Supervisors for Approval

SUMMARY
lawsuit of
Tony Shane Wilson, who was injured by a fellow inmate in the Los Angeles
This is a recommendation to settle for $80,000 the civil

County JaiL.

LEGAL PRICIPLE
The County is responsible for the intentional and negligent acts of
its employees acting within the course and scope of
their employment.

SUMMARY OF FACTS
Tony Shane Wilson was an inmate in the Los Angeles County jaiL.

He was placed in a protective custody module, because he was a witness
cooperating with the District Attorney in a prosecution of a separate criminal case
against another inmate.

On March 27,2004, Mr. Wilson was attacked with a knife by an
unescorted K-l 0 inmate, who was distributing food in the module where
Mr. Wilson was housed. K-IO, or "keep away," inmates are supposed to be
escorted by a Deputy at all times.
Mr. Wilson sued the County and three Sheriffs Deputies for his

liJunes.

DAMAGES
Mr. Wilson suffered a laceration from his left ear to the center of
his neck, and received over 200 stitches. He claims he will have permanent
scarrng on his face.

Should this matter proceed to trial, the potential damages could be
as follows:

Mr. Wilson for all of

HOA.4214IĆ».1

Medical expenses

$ 10,000

Future medicals
Emotional distress
Total

$200.000
$230.000

$ 20,000

The proposed settlement calls for the County to pay $80,000 to
his claims for damages, costs and attorneys' fees.

2

STATUS OF CASE
The trial court proceedings have been suspended pending
consideration of the proposed settlement.
Expenses incured by the County in defense of this matter are

attorneys' fees of$19,617 and $7,607 in costs.

EVALUATION
This is a case of probable liability. A jury would likely conclude
the Sheriffs Deputy was negligent because Mr. Wilson's assailant was supposed
to be escorted by a Deputy when serving food in the module.
A reasonable settlement at this time will save further litigation
costs and avoid a jury verdict that could exceed the proposed settlement.

We join with our private counsel, Collins, Collins, Muir & Stewart,
in recommending a settlement of this matter in the amount of $80,000. The
Sheriffs Department concurs in the recommendation.

RHG:RB:mp

HOA.42141O.1

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