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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
Certain Commissioned Law
Enforcement Officers Employed
By The Jefferson County Sheriff
RESOLUTION NO. 19A-04
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, five (5) commissioned employees of the Jefferson County Sheriffs
Office were involved in the arrest and incarceration of one Kevin Bledsoe, a 23-year old
male, in March 2001; and
WHEREAS, Kevin Bledsoe died while in the custody of the Jefferson County
Sheriff s Office; and
WHEREAS, the death of Kevin Bledsoe has caused civil lawsuits to be filed in
United States District Court in Tacoma, Washington alleging that Jefferson County and
the five commissioned officers are liable to the parents of the deceased for monetary
damages; and
Resolution NO.1..9A",D1.jie: Agreeing to Pay Any Punitive Damages that Might be Awarded Against Certain
Commissioned Law Enforcement Officers Employed by the Jefferson County Sheriff
WHEREAS, the civil lawsuits allege that the commissioned officers willfully
and/or knowingly violated rights guaranteed to Mr. Bledsoe (and his parents) by the
United States Constitution and that the five commissioned officers should be individually
punished for these intentional constitutional violations by being required to pay punitive
damages in addition to those damages that compensate (or make whole) Bledsoe's
parents; 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 five commissioned officers (and their marital estates, if
applicable) would be, therefore, personally liable for payment of any punitive damages
that might be awarded in a court of law to the parents of Kevin Bledsoe; and
WHEREAS, a careful review of the events and circumstances relating to the death
of Kevin Bledsoe lead this County Commission to firmly conclude that the five
commissioned officers did not take (and did not fail to take) any action that should lead a
court of law to award punitive damages against them; 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 five commissioned officers.
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Resolution No. ~~A-Qlte: Agreeitlg to Pay Any Punitive Damages that Might be Awarded Against Certain
Commissioned Law Enforcement Officers Employed by the Jefferson County Sheriff
NOW, THEREFORE, BE IT RESOL VED by the Board of Commissioners of
and for the County of Jefferson as follows:
I. Jefferson County Sheriffs employees (and commissioned officers) Andy
Pernsteiner, Michael Stringer, Benjamin Stamper, John Sawn and Hank
Shafer acted properly and within the scope of their duties during their
interaction and arrest of Kevin Bledsoe in March 2001 and as such are
entitled to a defense within the scope of the relevant insurance policy or
policies that insure the municipal corporation 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 individuals known as Andy
Pernsteiner, Michael Stringer, Benjamin Stamper, John Sawn or Hank
Shafer (and/or the marital estate of any of those individuals) in any lawsuit
filed as a result of the allegedly wrongful death of Kevin Bledsoe in March
2001, including the lawsuit filed in United States District Court for the
Western District of Washington (Tacoma) having docket No. CV 03-5002
RJB and the lawsuit filed at the same location having docket No. CV 04-
5004 FDB.
Approved and adopted this
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day of April 2004.
,.... .............
JEFFERSON COUNTY
BOARD OF COMMI ONERS
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