Settlement could happen soon in Sebastian County jail death case

Fort Smith

by Michael Tilley ([email protected]) ago 0 views 

All parties are working toward a financial settlement in the August 2021 death of Larry Price Jr., in the Sebastian County Jail, with a deal possibly being reached soon, according to attorneys involved in the matter.

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 Heipt 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.

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.

Balson, of counsel with Budge and Heipt and an attorney who focuses on “helping individuals and groups challenge civil rights abuses by governments and corporations,” confirmed with Talk Business & Politics that the primary defendants are Sebastian County and Turn Key Health.

The Sebastian County Quorum Court on Aug. 20 voted to approve up to $3 million to settle the case, with Turn Key Health expected to also provide $3 million to reach a deal. Sebastian County Judge Steve Hotz said he believes “we have appropriated enough to be able to reach a settlement.”

Balson declined to “discuss the history” of settlement discussions, or if $6 million would be enough to reach a settlement with the Price family. A July 5, 2024, letter from Budge and Heipt noted that judgments in similar cases range between $95 million and $8.3 million. Balson did say it is “looking very likely” that a settlement deal will happen “in the next couple of weeks.”

Alexandra Ah Loy, an attorney with Hall Booth Smith representing Turn Key Health, confirmed that Turn Key also committed $3 million to the settlement. Ah Loy, who said terms of the agreement will be made public, believes a deal could be finalized as soon as the end of the week.

“The parties are finalizing the terms of the settlement agreement,” Ah Loy said Monday.

A trial date of Sept. 9, 2024 was set before the parties agreed to settlement discussions. The lawsuit on Aug. 9 was reassigned from Judge Holmes to U.S. Western District Judge Timothy Brooks.