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Tenn. commission defers jail beating settlement

By Matt Wilson
Chattanooga Times Free Press

CHATTANOOGA, Tenn. — A settlement in a lawsuit involving claims of a beating at the Hamilton County Jail will have to wait, county commissioners decided Wednesday.

"(We should defer) until we get further information,” Commissioner Fred Skillern said. “Then we’ll set a date.”

A resolution on Wednesday’s commission agenda would have given Gary Arnold, who was in the jail for failure to pay child support, a settlement of $175,000. Commissioners decided to delay a decision on the settlement after spending about 20 minutes meeting privately with County Attorney Rheubin Taylor.

While Mr. Arnold was in the jail, an assailant beat him so badly he now must use a walker, according to Mr. Arnold’s attorney, Tom Crutchfield. He said his client wouldn’t take less than $175,000.

“He’ll never be able to walk like he used to be able to walk,” Mr. Crutchfield said.

He argued that jail officials incorrectly classified his client and the assailant, a violent offender, which is why they were in the same room.

Attorney Dee Hobbs, special counsel for the sheriff’s department, said that was not the case. He said Mr. Arnold and the other inmate were in the general holding area and had not yet been sent to cells.

The beating went on for 15 minutes before corrections officers stepped in to stop it, Mr. Crutchfield claimed.

Mr. Hobbs characterized it as a short altercation that started when Mr. Arnold pushed the other inmate’s foot.

“A lot of damage can be done in a short time,” he said.

Mr. Arnold is facing about $400,000 in medical bills, Mr. Crutchfield said. The attorney said he would ask for more in damages, but by law the liability limit in the case is $250,000.

“This is a $3 million lawsuit,” he said.

Last week, the commission agreed to a $100,000 settlement. Mr. Taylor said he increased that amount when Mr. Crutchfield said he would not take less than $175,000.

Mr. Skillern said he had not been notified of the increase before Wednesday’s meeting.

“We should have been told. At least a majority should have agreed to raise this,” he said.

Mr. Taylor said the settlement was the result of court-ordered mediation.

“We’re still in a court process if this doesn’t get resolved,” he said.

Also on Wednesday, the commission approved a resolution to pay $73,228 for ballots in the Aug. 7 election. The Hamilton County Election Commission haad to reprint some ballots twice because of information that was left off.

Copyright 2008 Chattanooga Publishing Company