Shelby County – Federal Lawsuit – No Settlement Reached

Shelby Co. (ECWd) –

Back in April of 2021, Nicholas Banning filed a federal lawsuit against numerous defendants, including Shelby County. We covered that case in articles, here and here.

The named Shelby County defendants are Tonya Atteberry, Daine Burkhead, Devon Durbin, Brandon Gatton, Melissa Haynes, Don Koonce, Brian McReynolds, Shelby County, Megan Warner, Cwenton Williams, and Chris Zakowski and also includes Advanced Correctional Healthcare Inc.

After years of multiple pleadings being filed, hearings held, and all attempts to dismiss the case by defendants denied, it appears this matter is going to a trial if no settlement can be reached. While it is possible that portions of this case are to be closed out during summary judgment motions, we doubt that will happen in light of the facts in the case.

Even if only a small portion of the complaint is found to be true, the information alleged has been sufficient to move the case toward a trial.

According to the court docket, the settlement conference held on October 24, 2024, resulted in no settlement. After speaking with multiple board members, it appears they have never been briefed regarding this particular failed settlement conference.  We understand the county insurance company is picking up the tab on this but do not know if they have provided Shelby County State’s Attorney Ruth Woolery with any information regarding the settlement discussions.

The former Sheriff, Don Koonce, was named in that case in his individual capacity and all attempts to have that count dismissed have failed.  The language in the Judge’s order on Koonce’s motion to dismiss is troubling, to say the least.

14). Plaintiff’s Amended Complaint specifically alleges the Defendant received emails or other shift briefs from jail staff informing him Plaintiff was suffering from withdrawal symptoms and his condition was deteriorating. (Third Amd. Comp., [56], para. [77]). The Defendant further knew there was insufficient medical staff to provide healthcare to Plaintiff and Plaintiff was not receiving care. Nonetheless, the Defendant did not direct his staff to notify medical staff, nor did he ask medical staff to monitor Plaintiff’s condition.

Whether or not Plaintiff can demonstrate Defendant Koonce was personally involved in his claims is not at issue, but Plaintiff has sufficiently alleged the Defendant knew no medical care was provided for Plaintiff’s serious medical condition and failed to take any action. Rasho, 856 F.3d at 478. The Motion to Dismiss Count I against Defendant Koonce is denied. [61].

This case is a clear example of how an elected official can be sued in his individual capacity and potentially held liable.  Having read all the files in this case, I would not want to be Don Koonce, ACH, or any of the defendants.

A copy of the Judges Case Management Order denying the motions to dismiss can be viewed below or downloaded at this link.