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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. 8-07
WHEREAS, there are many risks faced by those employed by the Jefferson County
Sheriffs Office; and
WHEREAS, one ofthose risks is the possibility of being sued for monetary 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, it is claimed by Richard Brees that various employees of the Jefferson
County Sheriffs Office were involved in harassing and intimidating him over a period of time in
2006; and
WHEREAS, Richard Brees complained of harassment and intimidation due to a past
lawsuit and arrest; entering his home with a defective search warrant and the County allowing
such behavior and refusing to discipline the individual defendants for the behavior; and
WHEREAS, the alleged violation of Mr. Brees' First, Fourth and Fourteenth Amendment
rights has led to a civil lawsuit being filed in United States District Court in Tacoma, Washington
alleging that Jefferson County and Brian Post, Brian Anderson and Adam Newman are liable to
Mr. Brees for monetary damages; and
WHEREAS, the civil lawsuit also alleges that these employees violated Mr. Brees civil
rights guaranteed by the United States Constitution and that they 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, Brees; 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, Brian Post (and his marital estates, if applicable), Brian Anderson (and his
marital estates, if applicable) and Adam Newman (and his 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 Mr, Brees; and
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Resolution No. 8- 0 7 re: Agreeing to Pay Any Punitive Damages that Might be Awarded Against Certain Employees of the Jefferson
County Sheriff
WHEREAS, a careful review of the events and circumstances relating to Mr, Brees
has led this County Commission to firmly conclude that Mr. Post, Mr. Anderson and Mr.
Newman did not take any actions (or fail to act) such that a court oflaw should award punitive
damages against them;
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,
Post, Mr. Anderson or Mr, Newman; and
WHEREAS, the County Commission adopts this Resolution pursuant to the authority
granted to it by RCW 4.96.041 and in accordance with Jefferson County Commission Resolution
#87 -86,
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 Brian Post, Brian Anderson, and Adam
Newman acted properly and within the scope of their duties during their
interactions with Richard Brees in 2006 and as such are entitled to a defense within
the scope ofthe 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 Brian Post, Brian
Anderson and Adam Newman (and/or their marital estates) in any lawsuit filed as
a result of the alleged unconstitutional actions as specified in the lawsuit filed in
United States District Court for the Western District of Washington (Tacoma)
having docket No. C07 5000
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S- of JdJ~' ,2007
JEFFERSON COUNTY
BOARD F CO MISSIONERS
AP~~OV; 'fIfHi4l!OPTED this
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