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STATE OF WASHINGTON
County of Jefferson
In The Matter Of Agreeing
To Pay Any Punitive Damages
That Might Be Awarded Against RESOLUTION NO. OS-13
A Certain Commissioned
Correctional Officer Employed
By The Jefferson County Sheriff
WHEREAS, there are many risks faced by commissioned law enforcement officers
employed by the Jefferson County Sheriffs Office; and
WHEREAS, one of those risks is the possibility of being sued for money damages
as a result of actions and omissions undertaken by them while performing their assigned
duties because those acts or omissions were allegedly unlawful and/or unconstitutional;
and
WHEREAS, at least one (1) commissioned employee of the Jefferson County
Sheriff s Office was involved in the incarceration of Christopher Dankert in December
2009; and
WHEREAS, the incident of December 12, 2009 has caused a civil lawsuit to be
filed in the Superior Court of Jefferson County alleging that Jefferson County and
Jefferson County Corrections Officer Bill Wells (as well as his spouse and marital
community) are liable to Mr. Dankert for monetary damages; and
WHEREAS, the civil lawsuit alleges that as a commissioned officer Mr. Wells
willfully and/or knowingly violated rights guaranteed to Mr. Dankert by the United
States Constitution and that he should be individually punished for these intentional
Resolution No. OS-13 re: Agreeing to Pay Any Punitive Damages that Might be Awarded Against A Certain
Commissioned. Correctional Officer Employed by the Jefferson County Sheriff
constitutional violations by being required to pay punitive damages in addition to those
damages that would serve to compensate (or make whole) Mr. Dankert; and
WHEREAS, it is a bedrock principle of insurance underwriting that insurance is
not available to insure a person or entity against intentional actions by that person or
entity or the consequences of such intentional actions, the consequences including, by
way of example, payment of punitive damages; and
WHEREAS, no policy of insurance held by Jefferson County insures the County
or its employees against intentional acts by the County or its employees; and
WHEREAS, the named Correctional Officer (his wife and his marital estate, if
applicable) would be, therefore, personally liable for payment of any punitive damages
that might be awarded in a court of law to Mr. Dankert; and
WHEREAS, a careful review of the events and circumstances relating to the
arrest and incarceration of Mr. Dankert lead this County Commission to conclude that
the commissioned officer neither undertook nor failed to undertake any action that
should lead a court of law to award punitive damages against him; and
WHEREAS, despite the conclusion reached in the previous sentence, it remains
impossible to predict with certainty that there will be no award of punitive damages
against the commissioned officer.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
and for the County of Jefferson as follows:
Jefferson County Sheriffls employee Correctional Officer Bill Wells)
acted properly, with good faith and within the scope of his duty during
Page: 2
Resolution No. O S-1 re: Agreeing to Pay Any Punitive Damages that Might be Awarded Against A Certain
Commissioned Correctional Officer Employed by the Jefferson County Sheriff
the incarceration of Mr. Dankert in December 2009 and as such he is
entitled to a defense within the scope of the relevant insurance policy
that insure the political subdivision known as Jefferson County; and
2. The County agrees it shall, to the extent necessary, pay any and all
punitive damages that might be assessed against the commissioned
Correctional Officer Bill Wells (and/or the wife and marital estate of Mr.
Wells, if applicable) in any lawsuit filed as a result of the allegedly
unlawful or unconstitutional acts or omissions which occurred (or failed
to occur) during the 2009 incarceration of Mr. Dankert.
Approved and adopted this ~ day of G~.v~,. , 2013.
SEAL:
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C erk of the Board
Erin Lundgren
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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Joh Austin, C",hair
David W. ullivan, Member
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Phil Johns~Member
Page: 3
^ Consent Agenda
^ Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Boazd of Commissioners
Philip Morley, County Administrator
FROM: David Alvarez, Chief Civil DPA
DATE: January 28, 2013
RE: Dankert, Christopher v. Jefferson County, Officer Bill Wells
STATEMENT OF ISSUE: While in the custody of the Jefferson County Jail Christopher
Dankert was assaulted by another inmate. This assault occurred in December 2009. This
assault has lead to the filing of a federal civil rights lawsuit on behalf of Mr. Dankert. The
lawsuit alleges Corrections Officer Bill Wells "was the first officer on site to witness the
assault." Plaintiff Dankert seeks punitive damages against Officer Wells. While it is highly
unlikely that punitive damages will be awarded to Mr. Dankert against Officer Wells, such
damages would not be paid by any insurance policy but instead would have to come from the
personal assets of Officer Wells and/or his marital community, if applicable.
ANALYSIS: Officer Wells acted properly and within the scope of his duties with respect to
the assault on Mr. Dankert. Thus, he is covered by the County's insurance policy for any non-
punitive damage claims. Per the County's Risk Management Policy and RCW 4.96.041(4) the
County may agree that it will pay any punitive damage award that might go against Officer
Wells. The County would be formalizing its acceptance of responsibility for any punitive
damages that might accrue against Officer Wells by adopting and executing the attached
Resolution.
FISCAL IMPACT: None unless punitive damages are awarded to Mr. Dankert as against
Officer Wells, a scenazio that is highly unlikely.
RECOMMENDATION: Adopt and execute the attached Resolution.
DEPARTMENT CONTACT: David Alvazez, Chief Civil DPA. Extension 219
REVIEWED BY:
i ip Morle ty Admi istrator Date