Man Settles Lawsuit Against Montana Counties

October 21, 2011

A man who suffered a broken neck after twice falling off a bench at the city-county detention center in Livingston in May 2009 has settled a lawsuit against three law enforcement agencies and the arresting officer.

William Meigs reached a settlement Friday with Livingston and Park County, the Bozeman Daily Chronicle reported Wednesday.

County Attorney Brett Linneweber said the amount will not be released until the county’s insurance company approves the deal. Gallatin County paid $5,000, County Attorney Marty Lambert said Monday.

Meigs had been seeking nearly $500,000 for medical bills, loss of income, pain and suffering, emotional distress and loss of enjoyment of life along with future medical costs and punitive damages to be determined.

Meigs was arrested in Livingston on a Gallatin County warrant for failing to attend a drug treatment program on a misdemeanor marijuana conviction.

The lawsuit alleges Meigs told arresting officer Joseph Harris several times that his handcuffs were too tight and twice told the officer he felt faint before he fell from the bench he was sitting on and was knocked unconscious. Despite complaining that his neck hurt, a sheriff’s deputy picked him up and put him back on the bench, the lawsuit alleges.

Meigs fell a second time, again complained that his neck hurt and was taken to the hospital via ambulance. He underwent surgery in Billings for a broken neck and spent more than a week in the hospital. He continues to suffer from headaches and neck pain, the lawsuit said.

Harris’ response argued that Meigs “may have been under the influence of illegal drugs” when he was taken into custody. “He was shaking, had not bathed recently, his hair was greasy, and his manner was lethargic and subdued. Based on his knowledge of the Plaintiff, he believed that the suspicion of drug use was reasonable.”

The counties argued that Meigs was never in their custody, while the city argued that Meigs was not entitled to claim damages for negligence or liability if his conduct caused the damages. Harris denied that Meigs complained about tight handcuffs and that he was “acting within the course and scope of his employment at all times.”