HomeOklahomaTulsaSmolen & RoytmanProven verdicts$10,000,000 paid ($10,250,000 gross verdict)
$10,000,000 paid ($10,250,000 gross verdict)VerdictReduced from $10.3 million

He Broke His Neck Shortly After Booking and Was Paralysed From the Chest Down. He Was Left Naked on a Cell Floor for Days. A Federal Judge Called the Cell His Burial Crypt.

Verdict · U.S. District Court, Northern District of Oklahoma (affirmed in relevant part, 10th Cir.; settled and paid 2019) · 2019

After trial: Paid, and the figure published is the money received rather than the verdict. The jury returned $10,250,000, being $10,000,000 in compensatory damages against Sheriffs Glanz and Regalado and $250,000 in punitive damages against Glanz individually. The Tenth Circuit affirmed liability and the awards on August 20, 2019 in Burke v. Regalado, 935 F.3d 960, Nos. 18-5042 and 18-5043, remanding only on whether the defendants could set off the estate's earlier settlement with the jail's medical provider. Instead of litigating the setoff the parties settled, and Tulsa County paid the estate $10,000,000 in 2019. We publish $10,000,000 as the recovery and the $10,250,000 verdict as the gross. On caps: this was a federal claim under 42 U.S.C. § 1983, so the Oklahoma Governmental Tort Claims Act limits on county liability did not apply.

Won by Smolen & Roytman.

Elliott Earl Williams, 37, was arrested in Owasso on an obstruction complaint in October 2011. Shortly after booking at the Tulsa County Jail he suffered a severe neck injury that paralysed him from the chest down. He was left on the floor of a medical-unit cell, unable to move, for days, and died of complications of the untreated injury and dehydration.

What happened

Elliott Earl Williams was 37. He was arrested in Owasso, Oklahoma in October 2011 on an obstruction complaint and taken to the Tulsa County Jail.

Shortly after booking he suffered a severe neck injury. It paralysed him from the chest down.

Nobody treated it. He was left naked on the floor of a cell in the jail's own medical unit, unable to move, for days. A federal judge later wrote that the cell had become his burial crypt.

He died of complications of the untreated spinal injury and of dehydration.

The jury found the Sheriff's office deliberately indifferent to his serious medical needs under the Fourteenth Amendment, and found supervisory liability against Sheriff Stanley Glanz personally. It awarded $10,000,000 in compensatory damages against Glanz and Sheriff Vic Regalado, plus $250,000 in punitive damages against Glanz individually.

The Tenth Circuit affirmed liability and both awards in 2019, in Burke v. Regalado, 935 F.3d 960. It remanded on one narrow question: whether the defendants could set off an earlier settlement the estate had reached with the jail's medical provider.

Rather than litigate that, the parties settled. Tulsa County paid the estate $10 million in 2019, and how the county's residents would fund it became a local story of its own.

At the time this was reported as the largest civil rights death recovery in Oklahoma history. It has since been passed twice, by the Ellis judgment out of Ottawa County and by the Young verdict against the Tulsa County Jail's medical contractor. All three came out of Oklahoma county jails, and two of the three came out of this one.

The estate was represented by Robert M. Blakemore and Daniel E. Smolen of Smolen and Roytman, with Louis W. Bullock of Bullock, Bullock and Blakemore as co-counsel.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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