HOT SPRINGS — Garland County could settle the case of two Garland County jail officials found “deliberately indifferent” to an inmate’s medical needs in 2007 for $450,000, County Attorney Ralph Ohm said in a letter Wednesday to county officials.
A U.S. District Court jury deliberated for nearly two days in December before deciding that there was a “preponderance of evidence” that nurse Tommy Harmon and Sgt. Donald Ansley were indifferent to Steven McFarland’s medical needs while he was incarcerated on Feb. 13, 2007.
The federal jury assessed Harmon and Ansley together $5 million in compensatory damages. The jury also assessed each defendant $100,000 in punitive damages. The jury found that four other jail officials, Lt. Judy McMurrian, Ronald Radley, John Dodge and J.D. Henry, were not deliberately indifferent to McFarland’s medical needs.
McFarland suffered irreparable brain damage in 2007 when, while being held in the jail on traffic charges and with muscle relaxants, painkillers and other drugs in his system, he slipped into a coma and stopped breathing. His family sued, claiming jail personnel withheld medical care.
Ohm, writing to Garland County Quorum Court Finance Committee Chairman Ray Owen Jr., requested that the committee place on its Aug. 2 agenda “a request to appropriate sums” to settle the federal court case. Copies of the letter were mailed and e-mailed to all justices of the peace, County Judge Larry Williams and Sheriff Larry Sanders.
“The parties have agreed that the county will pay to the estate of Steven McFarland the sum of $450,000,” Ohm said in the letter. “This amount would be paid within 30 days of its tentative acceptance, which occurred on or about July 16, 2010.”
Ohm’s letter said that none of the defendants in the federal lawsuit “admit any type of liability in this matter and in fact continue to deny that they engaged in any type of inappropriate conduct.”
“I believe that this is a reasonable compromise of this case,” Ohm said. “As everyone knows, this has been a difficult situation for all parties involved from the very beginning. In essence, this will satisfy the$5.2 million judgment against nurse Harmon and Sgt. Ansley, it will ensure that the claims against the county, the sheriff and jail administrator along with the other defendants, are dismissed with prejudice, and it will provide some income to the McFarland family to assist in the care of Mr. Mc-Farland. Consequently, I am requesting that the Finance Committee consider this offer and agree to accept the terms of the agreement contained herein.”
Arkansas, Pages 14 on 07/26/2010