Federal Judge upholds $33 million judgment in Ottawa County inmate death case, rejects request for new trial
TULSA, Okla. — A federal judge says based on the evidence presented at trial, the judgment awarded by the jury to the family of Terral Ellis, Jr. will stand and it is just.
The 26-year-old father from Miami, languished in jail for days before before dying of sepsis and pneumonia on Oct. 22, 2015, while incarcerated at the Ottawa County Jail. After an eight-day federal trial last August, the jury found former Ottawa County Sheriff Terry Durburow, in his official capacity, at fault for the death and awarded the Ellis family $33 million in compensatory damages. The judgment is against an elected position not Durburow individually.
Payment of a $33 million judgment falls on the backs of Ottawa County residents
“There are a couple of appeal options left, but no decision has yet to been made on which option to take,” said Wellon Poe, attorney for Ottawa County.
The argument for a new trial focused on four issues.
They argued the $33 million award was “grossly excessive and shocks the conscience because it appears to be punitive in nature, as opposed to compensatory, and it drastically exceeds awards in comparable cases,” according to the filing.
In the 46-page ruling, Justice Claire R. Kelly ruled “…although the verdict here is large it is not unprecedented” and “…the Court cannot say that it shocks the conscience given the evidence heard by the jury.”
Appeal filed in multi-million dollar judgment against Ottawa County
Kelly’s ruling spells out the final days of Ellis’ life — from the time he voluntarily surrendered himself up until his last days, lying on a urine-soaked mattress, his cries for help ignored and even mocked.
In the days preceding this death, Ellis complained of back pain saying he thought his back was broken and sought medical attention from Therese Horn, an Ottawa County jail nurse.
Horn failed to take Ellis’s vitals and reportedly had a seizure. Ellis also complained to the jail staff that his legs were numb.
“The jury heard evidence that when Mr. Ellis begged for water, a member of the staff prevented another from giving him water, indicating that Mr. Ellis could do so on his own,”
U.S.DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA
4:17-cv-00325-CRK-CDL
OPINION AND ORDER
Ellis was complaining that he was in pain and that his legs were black and purple. Jail staff, guards, and others not only ignored Ellis’ pleas but mocked him.
“Finally, the jury heard the jail staff tell Mr. Ellis he had to wait to be seen by the nurse. The jury saw evidence that when the nurse arrived, she not only ignored Mr. Ellis’ pleas for help but also threatened him if he continued asking for medical assistance,” according to the ruling.
The jury heard Nurse Horn say “… the very first time you [complain] “oh, I can’t get up, I need help – I can’t – oh I’m having seizures [inaudible]” you’re going to that D-Ring and that’s where you’re going to stay the whole time that you are here cause I’m sick and tired of …dealing with your ass. Ain’t [sic] a damn thing wrong with you!”
Based on the evidence presented to the jury over an eight-day trial, the Court cannot say that the size of the verdict was unreasonable or the result of inappropriate remarks Kelly’s ruling stated.
U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA, 4:17-cv-00325-CRK-CDL, OPINION AND ORDER
During closing arguments, Ellis’s attorneys requested damages over $50 million dollars; Ottawa County attorneys told the jury that a reasonable award would be between $1.5 to $3 million. The jury rejected both requests and awarded $33 million, the order states.
The other points for a new trial accused the Court of error for allowing evidence concerning jail standards, admitting the opinion testimony of witness Dr. Wilcox and emotional outbursts of the Ellis family’s attorneys during the trial as well as inappropriate comments during closing arguments.
Kelly denied the County’s claims and also granted Ellis’s attorney $970,402 in attorney’s fees and expenses.
Ottawa County Commissioners could not be reached for comment.
