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Topic: IT'S TIME FOR A NEW SHERIFF! Taxpayers get the bill!
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untanglingwebs
El Supremo

Now that the RICO case has been settled, People are saying Pickell has plans to retire in March.
Post Fri Jan 26, 2018 9:33 pm 
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untanglingwebs
El Supremo

Federal judge orders Genesee County and sheriff to pay $150,000 in complaint
Genesee County Sheriff Robert Pickell


Tri-County Times | Fenton, MI Sharon Stone Editor | 0 comments

Sharon Stone
Posted on Feb 2, 2018
by Sharon Stone

 A federal judge signed an order on Jan. 29, 2018 for approval of settlement and distribution of settlement funds on a case involving several process servers against Genesee County Sheriff Robert Pickell, Scott Hope, and Allen & Hope Process Serving Management Co., Inc.

 The plaintiffs filed the complaint against Pickell and the process serving company on Jan. 25, 2017 alleging racketeering and corruption.

 According to federal court records, dated Monday, Jan. 29, the settlement of $200,000 will be paid to the plaintiffs.

 Defendants, Genesee County and Pickell will pay a total of $150,000. Defendants, Scott Hope, Charissa Hope and Allen & Hope Process Serving Management Co., will pay a total of $50,000.

 Each plaintiff of the class action lawsuit will receive $9,774.22. Plaintiffs who opted out of the complaint will receive $730.

 Batey Law Firm, PLLC will be reimbursed $66,666 for attorney fees and $9,472 for costs.
Post Sun Feb 04, 2018 11:52 am 
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untanglingwebs
El Supremo

FLINT NEWS
Man originally awarded $36.6 million in jail beating settles for $12.9 million
Updated 5:33 AM; Posted 5:30 AM
See video from $36.6M Genesee County Jail excessive force lawsuit


By Zahra Ahmad zahmad@mlive.com
DETROIT, MI -- A man who was pepper sprayed, slammed against a metal bench, shocked with a Taser and kicked and punched while he was restrained face-down at the Genesee County Jail has settled a federal lawsuit for $12.9 million.

William Jennings, who was arrested in 2010 for drunken driving and was the victim of excessive force from police, reached the settlement with Genesee County, according to documents obtained May 14 by MLive-The Flint Journal through the Freedom of Information Act.

Attorneys for Jennings and Everest National Insurance Company have declined to comment because of a confidentiality agreement between both parties.

After a 12-day trial, a jury had initially awarded Jennings $36.6 million in damages.

Filed in 2010, the lawsuit alleged the jail officers threw Jennings to the floor, slammed his head against a metal bench, kicked and punched him while he was on the ground, sprayed pepper spray into his mouth and face at close range and placed him in a restraint chair with a hood over his face for several minutes.

Jennings suffered a trauma-induced cataract in one eye, a torn rotator cuff, broken facial bones, nerve damage in one of his hands and a chipped tooth as a result of the beating.

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Deputies Patrick Fuller, former Lt. Robert Nuckolls, David Kennamer, Mark Wing and Jason White were named as defendants in the case.

Despite the jury's decision, the amount of financial compensation Jennings was entitled to was disputed.

Detroit U.S. District Judge Avern Cohn ruled May 23, 2017, that although there is "no doubt" Jennings was abused, the evidence presented in his trial didn't support the $36 million award.

Instead, in a remittitur, Cohn recommended an $11 million payout to Jennings. This compensation would be $4 million for the past and present damages and $6.24 million in future damages.

A new trial was ordered after Jennings declined the $11 million recommendation.

Instead of heading to trial a second time, Jennings agreed to the $12.9 million settlement, which will be paid through the officers' insurer Everest National Insurance Company.

The deputies do not admit to any wrongdoing in the settlement.

The settlement was required to be paid to Jennings within ten days of the agreement.
Post Wed May 16, 2018 8:05 am 
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untanglingwebs
El Supremo

County has no record deputies were disciplined for jail beating
Updated 3:26 PM; Posted 3:01 PM
See video from $36.6M Genesee County Jail excessive force lawsuit


By Dominic Adams dadams5@mlive.com
FLINT, MI -- Genesee County has no records of any discipline for five jail deputies who beat an inmate so severely it resulted in a $12.9 million lawsuit settlement.

The county reached the settlement with William Jennings, who spent seven hours in the Genesee County Jail in September 2010.

A Freedom of Information Act request made by MLive-The Flint Journal seeking records of any disciplinary action against the deputies was denied by county officials because no such records exist.

MLive-The Flint Journal requested documentation of any disciplinary action taken against deputies Patrick Fuller, David Kennamer, Mark Wing, Jason White and former Lt. Robert Nuckolls, who jurors said used unlawful force against Jennings.

"I worked closely with and relied on information from Undersheriff Chris Swanson," according to the FOIA response from Brian D. MacMillan, Genesee County's senior assistant prosecuting attorney in the civil division. "Your request is denied for the reason that no records exist in the files of Genesee County by that name, or any other name reasonably known to this public body, which non-existence, based upon information received from Undersheriff Swanson, I hereby certify."


Genesee County Sheriff Robert Pickell declined to comment when asked if the deputies were disciplined in connection with the abuse. Swanson could not be reached for comment.

The sheriff referred questions to attorney Audrey Forbush. Forbush, who represented the deputies in the lawsuit, could not be reached for comment.

Jennings sued the county over the abuse and jurors initially awarded him a $36.6 million verdict.

The county challenged the verdict and a new trial was ordered.

Documents obtained by MLive-The Flint Journal in May show Jennings agreed to the $12.9 million settlement rather than face a second trial.

The deputies did not admit to any wrongdoing as part of the settlement agreement.

However, jurors and the judge in the case, Detroit U.S. District Judge Avern Cohn, placed the responsibility for the incident squarely on the deputies.

"Jennings was subjected to three hours of serious physical pain, including loss of consciousness and a struggle to breathe as officers forced his body into hard surfaces, applied pepper spray and a Taser, and exerted significant pressure onto his head, neck and back," according to a May 23, 2017, opinion and order from Cohn. "He feared impending death due to an inability to breathe, a serious form of mental anguish."

Man originally awarded $36.6 million in jail beating settles for $12.9 million
Man originally awarded $36.6 million in jail beating settles for $12.9 million

A man who was pepper sprayed, slammed against a metal bench, shocked with a Taser and kicked and punched while he was restrained face-down at the Genesee County Jail has settled a federal lawsuit for $12.9 million.


The abuse was caught by jailhouse surveillance cameras, which was presented during the case.

"There is an old idiom. 'A picture is worth a thousand words,'" Cohn wrote in his order. "It is attributed to prominent journalists and advertisers in the early twentieth century. Little better explains the verdict reached in this case."




Cohn's order also detailed what the deputies did to Jennings.

Jennings suffered a trauma-induced cataract in one eye, a torn rotator cuff, broken facial bones, nerve damage in one of his hands and a chipped tooth as a result of the beating by the deputies.

He was slammed to the floor, his head was smashed against a metal bench, deputies kicked and punched him while he was on the ground, sprayed with pepper spray into his mouth and face at close range and placed in a restraint chair with a hood over his face for several minutes, Cohn wrote.

Jennings was then strapped to a restraint bed face-down in a cell for more than two hours. During that time he had a hooded spit shield over his head and Jennings chipped his tooth chewing through the bag to be able to breathe.

The beating began as Jennings was getting patted down and briefly lowered his hand to his left side, Cohn wrote.

Cohn wrote there was "no doubt" Jennings was abused.

Jennings later moved out of Genesee County because he said he was afraid that deputies from the sheriff's office would retaliate against him if he stayed, Cohn wrote.

The settlement is being paid by the county's insurer, Everest National Insurance Co.
Post Wed Jun 06, 2018 3:39 pm 
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