Florida Verdicts

Amount:

$975,000

Type:

Verdict-Plaintiff

State:

Florida

Venue:

Federal

Court:

U.S. District Court Middle District of Florida, Tampa Division

Injury Type(s):

Case Type:

Government – Prisoner Suit; Civil Rights – Police as Defendant; Government – Negligent Supervision; Worker/Workplace Negligence – Negligent Training

Case Name:

Micheal DeGraw, individually and as Personal Representative of the Estate of Jennifer DeGraw, deceased, v. Jim Coats, in his official capacity as Sheriff of Pinellas County, Florida, Bob Gualtieri, in his official capacity as Sheriff of Pinellas County, Florida,
No. 8:11-CV-720-EAK-MAP

Date:

February 14, 2014

Plaintiff(s):

Micheal DeGraw (Male), 

Estate of Jennifer DeGraw (Female, 50 Years)

Plaintiff Attorney(s):

David G. Henry;
Morgan & Morgan PA;
Tampa,
FL,
for
Micheal DeGraw, Estate of Jennifer DeGraw ■ Craig A. LaPorte;
Proly, Laporte & Mulligan, P.A.;
Port Richey,
FL,
for
Micheal DeGraw, Estate of Jennifer DeGraw ■ Scott Borders;
Morgan & Morgan PA;
Tampa,
FL,
for
Micheal DeGraw, Estate of Jennifer DeGraw

Plaintiff Expert(s):

James Edgar;
M.D.;
Psychiatry;
Tampa,
FL called by
David G. Henry, Craig A. LaPorte, Scott Borders ■ Arthur Herad;
M.D.;
Family Medicine;
Tampa,
FL called by
David G. Henry, Craig A. LaPorte, Scott Borders

Defendant(s):

Jim Coats, 

Bob Gualtieri

Defense Attorney(s):

Andrew S. Bolin;
Beytin, McLaughlin, McLaughlin, O¿Hara & Bolin, P.A.;
Tampa,
FL,
for
Jim Coats, Bob Gualtieri ■ Mark McLaughlin;
Beytin, McLaughlin, McLaughlin, O¿Hara & Bolin, P.A.;
Tampa,
FL,
for
Jim Coats, Bob Gualtieri

Defendant Expert(s):

Kris Sperry;
Psychiatry;
Decatur,
GA called by
Andrew S. Bolin, Mark McLaughlin ■ George Lyrene;
Pathology;
Cullman,
AL called by
Andrew S. Bolin, Mark McLaughlin ■ Steven Helfand;
Jail Standards & Safety;
New York,
NY called by
Andrew S. Bolin, Mark McLaughlin

Insurer(s):

Self-insured for Bob Gualtieri

On March 16, 2009, plaintiffs’ decedent Jennifer DeGraw, an unemployed 50-year-old woman, who was bipolar, was reported to have discontinued taking her medication and to be a danger to herself and others. The information was reported in a phone call from her husband, plaintiff Michael DeGraw, to the Pinellas County Sheriff’s Office. After police arrived, Jennifer DeGraw was arrested and booked into jail on charges of battery on a law enforcement officer. On March 24, 2009, DeGraw was found unresponsive in her jail cell. She was revived in her cell and taken to Northside Hospital and Heart Institute, where she was pronounced dead. The cause of death was cardiac arrest. Michael DeGraw, individually and as personal representative of the estate of his wife, sued Jim Coats, in his official capacity as Sheriff of Pinellas County, for wrongful death. The case was later amended, with Coats’ successor, Bob Gualtieri, added as a defendant in his official capacity as Sheriff of Pinellas County, also on a claim of wrongful death. The estate’s counsel argued that the current sheriff is legally liable for the actions of the former sheriff, which they alleged caused McGraw’s death. The estate’s counsel claimed that instead of taking DeGraw to a mental health hospital under the state’s Baker Act, two deputies used a stun gun on her and booked her into jail. They claimed that under the act, the law requires a jail’s staff to contact a licensed mental health receiving facility to send someone to examine the inmate. They claimed that was not done. They further claimed that DeGraw was in a psychotic state and was unable to assist either verbally or physically in her medical or personal care. They also claimed that DeGraw was incapable of making decisions on what prescribed medications to take, or whether to eat or drink. The estate’s family medicine expert testified that the cause of DeGraw’s death was cardiac arrhythmia, caused by an electrolyte imbalance that was related to her lack of nutrition and hydration, lack of thyroid and hypertension medications, and the agitation caused by her psychosis. The estate’s counsel claimed the jail staff neglected to administer medication and assure adequate, basic nutritional needs during DeGraw’s detention. The estate’s expert psychiatrist testified that the psychiatric team at the jail provided care that was grossly below the applicable standard of care. He further testified that DeGraw did not refuse to take medications that were offered. He testified that DeGraw was unable to comprehend the need for medications in her psychotic state and that she was not uncooperative but was unable to cooperate with her jailers. The estate’s counsel further claimed that jail staff signed jail records to show they checked on DeGraw, when video surveillance showed they had not. They claimed that Coats, in his official capacity, was responsible for the acts of officers, agents and employees of the Pinellas County Sheriff’s Office during the time of the incident. The estate’s counsel further claimed that Coats had been made personally aware of problems regarding the provisions of medical care to inmates whose treatment had been delayed or withheld. They also claimed that Coats failed to implement training and supervision for those persons caring for inmates. They claimed that Coats knowingly violated DeGraw’s right to medical care when she had a serious medical need, and that the deliberate indifference was because of his policies, procedures and/or customs. Defense counsel argued that the deputies had probable cause to arrest DeGraw. They claimed that the officers initially told DeGraw’s husband they intended to have her hospitalized under the Baker Act. They claimed Jennifer DeGraw kicked a deputy as he intended to put her in handcuffs and the officer deployed his Taser three times to subdue her and then charged her with battery. Defense counsel claimed DeGraw was assigned to the medical wing of the jail. They claimed that DeGraw was monitored, that all jail policies and procedures were followed, and that she received proper medical monitoring. The defense’s expert pathologist testified that DeGraw’s death was purely coincidental, and had no relationship to her psychotic state or her failure to receive her thyroid and hypertension medications. He testified that DeGraw died of an arrhythmia caused by her obesity and not in the manner that the estate’s counsel alleged. The defense’s expert on jail standards testified that the sheriff’s policies and procedures were appropriate and were followed, and therefore could not be deliberately indifferent to DeGraw.

Michael DeGraw sought to recover damages for his pain and suffering, loss of spousal companionship, and loss of support and services as a result of the death of his wife. He claimed he lost the one person he loved and devoted himself to. The estate’s counsel did not suggest an amount to the jury to award and left it to the jurors’ discretion. Defense counsel focused on liability and did not argue damages.

The jury found that the actions of the sheriff’s office amounted to deliberate indifference to DeGraw’s serious medical needs, amounting to a violation of her right to due process under the Fifth and Fourteenth Amendment. It determined that Michael DeGraw’s damages totaled $975,000.

Micheal DeGraw: $975,000 Personal Injury: pain and suffering, loss of companionship, and loss of support and services

Judge:

Elizabeth A. Kovachevich

Trial Length:

9
 days

Trial Deliberations:

5
 hours

Jury Composition:

4 male/ 3 female

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel declined to contribute.