www.mymanatee.org
Manatee County Government Administrative Center Honorable Patricia M. Glass Commission Chambers 9:00 a.m. - December 10, 2019
December 10, 2019 - Regular Meeting
Agenda Item #12


Subject
Patricia Hannah, et seq. v Armor Correctional Health Services, Inc., et al., U.S. Middle District Case No. 19-cv-0596; plaintiff's settlement proposal

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information
Christopher M. De Carlo, Assistant County Attorney, ext. 3750


Action Requested
Motion to allow Plaintiff’s November 15, 2019, Proposal for Settlement for $2,000,000.00 to Manatee County to expire and to take no action regarding the Proposal for Settlement.  

Enabling/Regulating Authority
Sections 125.01 and 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442  

Background Discussion
From October 1, 2012 to December 31, 2018, Manatee County contracted with Armor Correctional Health Services, Inc. (“Armor”) to provide medical care to the inmates at the Manatee County Jail.  In August 2017, Darryl Vaughn Hanna, Jr. was arrested and held at the Manatee County Jail awaiting trial on charges of armed robbery and second-degree murder with a firearm.  Mr. Hanna was medically evaluated as a result of syncopal events on August 23, 2017 and September 8, 2017. After a third syncopal event on September 9, 2017, Mr. Hanna was found unresponsive in his cell and was transported by ambulance to a nearby hospital for evaluation and treatment. Mr. Hanna never regained consciousness, is now in a persistent vegetative state, and is no longer in the care or custody of the Manatee County Jail. 

Plaintiff, Mr. Hanna’s guardian, filed an Amended Complaint on April 16, 2019 alleging two (2) counts against Manatee County: (1) Count X, a state court claim for the County’s “negligent hiring, retention and supervision” of Armor (“ state court claim”), and (2) a federal cause of action for “deliberate indifference” (Count XI). A pre-trial conference is scheduled on November 3, 2020, and the trial is set on a December 2020 month-long trial docket.

Plaintiff previously made the following settlement demands:  (1) on April 11, 2019, a $50,000,000.00 global settlement offer to all Defendants; (2) on August 13, 2019, a $16,000,000.00 global settlement offer to all Defendants; and (3) on September 17, 2019, a $2,500,000.00 offer to Manatee County only to resolve all claims against the County.  All three of these settlement offers were rejected by allowing the settlement offers to expire. 

On November 15, 2019, Plaintiff served a $2,000,000.00 Proposal for Settlement to Manatee County, offering to settle only the state court claim. The “deliberate indifference” claim (Count XI) brought by Plaintiff pursuant to federal law against the County is not included as part of this $2,000,000.00 Proposal for Settlement.  Thus, the federal deliberate indifference claim would remain pending against the County even if the County were to accept Plaintiff’s $2,000,000.00 Proposal for Settlement on the state court claim.  

Pursuant to Section 768.28, Florida Statutes, Plaintiff’s recovery on the state court claim is subject to the damage limitations set forth in Section 768.28, Florida Statutes.  The County Attorney’s Office recommends the Board take no action and allow Plaintiff’s November 15, 2019 Proposal for Settlement for $2,000,000.00 to expire, thus rejecting the proposal.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney
DeCarlo

Instructions to Board Records
E-mail an approved copy of this agenda item to:

Christopher M. De Carlo, Assistant County Attorney
christopher.decarlo@mymanatee.org
 
and

Tracy Hanrahan, County Attorney’s Office,
tracy.hanrahan@mymantee.org

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Plaintiff's Notice of Serving PFS - Manatee County.pdf
Attachment:  Hannah v Armor et al - PFS re Def County - Nov 15 2019.pdf