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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 employees employed
by the Jefferson County Sheriff
RESOLUTION NO. 70-05
WHEREAS, there are many risks faced by those working at the Jefferson County Jail and
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, various employees ofthe Jefferson County Sheriffs Office were involved in
the incarceration of one Zachary Barbee in late September and early October of 2004; and
WHEREAS, Zachary Barbee complained of an infection while in the custody of the
Jefferson County Sheriff s Office, allegedly received tardy and/or inadequate medical attention
from the staff of the Jefferson County Jail, and subsequent to his time spent at the Jefferson
County Jail underwent surgeries in Seattle including the amputation of one finger; and
WHEREAS, the allegedly unconstitutional deprivation of medical treatment for Barbee by
the staff of the Jefferson County Jail has led to a civil lawsuit being filed in United States
District Court in Tacoma, Washington alleging that Jefferson County and Jail Supervisor Steve
Richmond are liable to Mr. Barbee for monetary damages; and
WHEREAS, the civil lawsuit also alleges that Mr. Richmond willfully and/or knowingly
violated rights guaranteed to Mr. Barbee by the United States Constitution and that he 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) Mr. Barbee;
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, Mr. Richmond (and his marital estates, if applicable) would be, therefore,
personally liable for payment of any punitive damages that might be awarded in a court oflaw to
Mr. Barbee; and
Resolution No. 70-05
Resolution: Agreeing to pay any punitive damages that might be awarded against certain employees employed by
the Jefferson County Sheriffs Office
WHEREAS, a careful review ofthe events and circumstances relating to Mr. Barbee's
need for surgery subsequent to his time at the Jefferson County Jail lead this County
Commission to firmly conclude that Mr. Richmond did not take any action (or fail to act) such
that a court of law should 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 Mr.
Richmond.
NOW, THEREFORE, BE IT RESOL VED by the Board of Commissioners of and for the
County of Jefferson as follows:
1. Jefferson County Sheriffs employees Steve Richmond acted properly and within the
scope of his duties during his interactions with Zachary Barbee in September and
October 2004 and as such is 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 individual known as Steve Richmond (and/or the marital
estate of Mr.. Richmond) in any lawsuit fil~d as a result of the allegedly 1ll1constitutional
deprivation of medical treatment of Mr. Barbee in September and October of 2004,
specifically the lawsuit filed in United States District Court for the Western District of
Washington (Tacoma) having docket No. CV 05-5005 JKA.
Approved and adopted this
21st
day of November
2005.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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Phil Johnson, Chair
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DaVId Sullivan, Mem~
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Julie Matthes,
Deputy Clerk of the Board, CMC
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