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Jail May Avoid Wheelchair Suit

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: February 20, 2008

TAMPA - A quadriplegic man dumped from a wheelchair while being booked at Orient Road Jail does not expect to sue the sheriff's office, his attorney said.

Instead, attorney John Trevena expects to ask Hillsborough County Sheriff David Gee for a "roundtable" discussion in which they can reach a settlement.

"I'm thinking litigation is not going to be necessary," Trevena said. "I would probably just call him up and say let's have a conference with you and your legal counsel. Court can be costly for the sheriff's office."

Gee, Trevena said, has been contrite since video of the wheelchair incident surfaced last week.

Hillsborough Chief Deputy Jose Docobo said out-of-court negotiations are always preferable.

"That's something that we certainly wouldn't be opposed to doing," Docobo said Tuesday. "I'm, sure we would like to have the opportunity to sit down with Mr. Sterner and Mr. Trevena and discuss the case."

On Jan. 29, a video camera recorded Detention Deputy Charlette Marshall-Jones raising the back of a wheelchair, spilling Brian Sterner onto the floor. Sterner, 32, of Riverview, was booked at the jail on a warrant stemming from a traffic violation.

Marshall-Jones, 44, submitted her resignation Friday. She was arrested Saturday on a charge of abuse of a disabled person. She posted $3,500 bail and was released.

Trevena said it is premature to talk about Sterner's damages in dollar figures but did say he expects he can avoid some legal hurdles by negotiating outside court.

Government agencies are liable for a maximum of $100,000 per person for negligence when employees are working within their professional capacity. If a jury were to award a plaintiff more than that, the government agency would pay the $100,000 and the plaintiff would have to petition the Legislature for the remainder.

In a negotiated settlement, Trevena said, the sheriff's office would be able to pay more than the cap without the Legislature's help. He said Sterner's damages are "clearly" more than $100,000.

Trevena also said he learned from a sheriff's attorney Tuesday that the sheriff's office would pay for a complete medical evaluation of Sterner. The exam would include a bone scan and other procedures to determine whether Sterner was injured in ways he does not realize.

"I am very impressed by that," Trevena said.

Some potential injuries to Sterner might stem from deputies' actions not related to the wheelchair incident.

Trevena elaborated Tuesday on allegations that deputies already had a run-in with Sterner before he was dumped from the wheelchair.

During the fingerprinting process, Sterner could not raise his arms far enough to reach the fingerprinting device, Trevena said. Deputies forced open his fingers and forcefully straightened his arms to complete the process. This caused pain and a risk of injury, Trevena said.

When Trevena initially asked for a video of the fingerprinting process, he was told one did not exist. Later, he was told the fingerprinting was taped but that the video is under review as part of the investigation. The video will be released when the investigation is over, Trevena said.

Chief Deputy Docobo said the video has been reviewed. No criminal charges will result but it has not been released because it is part of the administrative review of all the deputies' actions.

"That clip shows that nothing inappropriate happened," Docobo said.

Sheriff's deputies first documented an encounter with Sterner in October. A report indicates that deputies came to Sterner's home on a report that he might be a danger to himself. The report does not say how sheriff's deputies were notified.

In that encounter, deputies heard noises inside the home but no one answered repeated knocks. Deputies broke a window to unlock the door then forced open a bathroom door, according to the report.

Sterner was lying prostrate on the floor, the report states. For eight minutes, the deputies asked him to show his hands. When he did not, they pulled his hands from under his body and handcuffed him.

When deputies first saw Sterner on the floor, Docobo said, they immediately called emergency medical services and did not move him for fear of making any medical matters worse. Still, he said, they had to see his hands to ensure their safety.

"They don't know if this person has a gun," Docobo said.

Trevena said the October encounter does not directly relate to the wheelchair dumping but he said it does show that deputies have a lack of training.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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