$6 million settlement finalized in Sebastian County jail death case

A $6 million settlement has been reached in a lawsuit related to the 2021 death of Larry Price Jr., in the Sebastian County Jail. As expected, the settlement will cost Sebastian County $3 million, which the Quorum Court approved on Aug. 20.

A lawsuit was filed Jan. 13, 2023, in the U.S. District Court for the Western District of Arkansas seeking a jury trial. The case was assigned to U.S. District Judge P.K. Holmes III. Sebastian County and Turn Key Health Clinics, the company contracted to provide medical care at the jail when Price died, were named as defendants. The lawsuit was filed by Seattle-based Budge and Heipt on behalf of the Price family.

In August 2020, Price, who had a history of mental illness and had several interactions with law enforcement, entered a Fort Smith police station where he was alleged to be verbally threatening and pointed his fingers in the shape of a gun. He was charged with making terroristic threats and booked into the Sebastian County Jail with bail set at $1,000. Unable to make bail, Price would remain in the county jail, often in solitary confinement, for more than a year. He would die on Aug. 29, 2021.

Catherine Fontenot, a corrections officer from Louisiana who was hired by the plaintiff’s attorneys to review the case, said Price’s treatment at the hands of Sebastian County officials and Turn Key Health was “cruel and inhumane.” The details about his confinement and death garnered national headlines.

Through a statement provided Thursday (Sept. 12) from Budge and Heipt, Rodney Price said he hoped the settlement related to his brother’s death will result in changes to the criminal justice system.

“What happened to my brother was inexcusable. No one deserves to be treated the way they treated him. We wanted justice. We wanted to expose the cruelty of Larry’s confinement and show the public what occurred. And we wanted those responsible for mistreating him to be held accountable. With the help of our attorneys, we believe we achieved those goals. While no amount of money could bring my brother back, this victory will help give our family some closure as we move forward. And we hope and pray that it will lead to changes in how our jails treat people in their custody and will save lives in the future,” Rodney Price noted.

According to Budge and Heipt, the settlement is the largest known jail death settlement in Arkansas history.

“The size of this settlement reflects the magnitude of the atrocity that occurred,” said Erik Heipt, one of the lead attorneys for the Price family. “We were honored to represent Mr. Price’s family in their pursuit of justice, and we hope that this historic result sends a powerful message to every single jail and prison in America that this type of blatant disregard for human life will not be tolerated.”

Sebastian County Judge Steve Hotz provided this statement to Talk Business & Politics: “I’m glad to say we have been able to reach a settlement to bring this sad situation to a close. We regret the loss of Mr. Price and the pain this has caused the family. The cost of the $6 million settlement will be split between Sebastian County and the medical provider Turn Key. The sheriff has made changes in the jail in an effort to prevent this type of tragedy from happening again.”

To date, there have been no criminal or civil actions against any Sebastian County employee involved in the Price case. Sebastian County Prosecutor Dan Shue declined to prosecute anyone or any entity in the case. Shue said numerous medical issues with Price, including a positive COVID-19 test, pointed to a “Natural” cause of death.

“Considering the totality of the circumstances, particularly the findings of the autopsy, and the applicable law, no criminal charges can be brought,” Shue noted in a Jan. 5, 2022, letter to the Arkansas State Police.