AG memo: State's liability for inmate death 'inescapable'
A memo from the attorney general's office justifying the $2.5 million settlement to the family of a man who died of thirst in prison custody last year called the state's liability in the matter "inescapable."
Posted — UpdatedA memo from the attorney general's office justifying the $2.5 million settlement to the family of a man who died of thirst in prison custody last year called the state's liability in the matter "inescapable."
By state law, the attorney general's office must review all proposed settlements involving more than $75,000 and issue written opinions on each possible agreement.
Authored by Special Deputy Attorney General Amar Majmundar, the memo concluded Kerr "suffered significant pain and suffering prior to his death," which the state attorney attributed to "multiple, flagrant errors committed by various Alexander Correctional staff members."
Based on the facts of the case unearthed during internal investigations, Majmundar concluded that "a finding of liability is inescapable," making the $1.3 million award Kerr's family lawyers estimated for pain and suffering a realistic scenario for the state.
"Although these figures are difficult to assess, it is not unreasonable to expect a jury to arrive at a figure close to that amount," the memo reads.
The state attorney noted that "in light of the repeated, widespread and inflammatory failures on the part of various prison staff," claims against individual employees would result in triple the amount of actual punitive damages.
"There are virtually no colorable defenses that could be offered to a jury," Majmundar wrote. "From a litigation standpoint, this matter represents a worst case scenario."
The memo requested a settlement of $1 million, the state’s maximum liability under the Tort Claims Act. The amount was approved by deputy attorneys general Grayson Kelley and Robert Hargett in May.
According to the attorney general's office, the state's insurance carrier negotiated the additional $1.5 million of the settlement, which the company will cover.
Read the letter from the attorney general's office
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