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| Family of Man Who Died in Calif. Jail to Get $900,000 |
| By Lodi News-Sentinel |
| Published: 03/24/2003 |
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The city Lodi and San Joaquin, Calif., County have settled a wrongful death lawsuit and agreed to pay nearly $900,000 to the children of a man who was suffering from alcohol withdrawal and died shortly after a 1999 fall in the Lodi jail. As a result of the incident, the Lodi Police Department has changed policies so that it gives medical evaluations to all inmates, including those in the custody of the San Joaquin County Sheriff's Department. 'For 20-plus years, we've had this agreement with the sheriff's office that when they have county prisoners going to court (in Lodi), we will house them in our jail while they're going to court,' Lodi Police Chief Jerry Adams said. Anthony Lumley, 31, was one of those inmates. On Aug. 31, 1999, a California Highway Patrol officer arrested him for allegedly driving under the influence of alcohol. A search of his vehicle revealed nine weapons -- including a loaded handgun on the front passenger seat and two illegal assault rifles -- and more than 1,000 rounds of ammunition, CHP officials said at the time. He was taken to the county jail, and two days later he was transported to Lodi for a court appearance. While waiting in the city jail, he apparently suffered a seizure brought on by alcohol withdrawal and fell in his cell, striking his head. He died a few days later. In February 2000, his family filed a claim against the county and city, seeking more than $12 million in damages. They claimed that Lumley had not been properly cared for, and that his alcohol withdrawal was overlooked. A federal lawsuit was then filed, and in November, the parties involved began negotiating, Chief Deputy County Counsel Robyn Drivon said. After several mediation sessions, they came to an agreement in which Lumley's children, Brittney Leveille and Anthony John Lumley, now 12 and 3 respectively, will receive money placed into a trust fund, Drivon said. Under the settlement terms, the city will pay 40 percent, or $340,000, and the county will pay $550,000, with attorney fees taking about $275,000 of the money. Drivon and Lodi City Attorney Randy Hays said they are satisfied with the settlement, though they did not go so far as to say they were pleased. 'It's within the parameters that had been set by the City Council,' Hays said, adding that the money will come out of a liability fund that is already in place for such expenditures. Construction on a new public safety building is underway, and while police officers say the current jail facility has no problems, the new building will feature added security. 'The monitoring of inmates is crucial in the jail,' said Lodi Police Capt. David Main, who has worked closely with building designers for years. Set to open in 2004, the building will include a jail with cells that can be monitored by both the communications center and the watch commander's office, Main said. |
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