See earlier: Disabled sex offender allowed to sue sheriff2-2-16 Indiana:
The Tippecanoe County Sheriff's Office will pay $40,000 to settle a federal lawsuit filed in 2014 by a disabled inmate, an attorney said Monday.
A settlement was reached last month to cover medical treatment and legal fees incurred by Anthony Scott Overla, a convicted sex offender whose right leg is amputated below the knee, said Doug Masson, an attorney who represents Tippecanoe County.
Despite his disability, Overla was assigned a top bunk at the county jail, according to a civil complaint filed by the American Civil Liberties Union of Indiana. After making dozens of oral complaints, the suit alleges, jail staff never provided Overla with the proper grievance forms. As a result, he sustained an injury March 31, 2013, jumping from the top bunk, which wasn’t equipped with a ladder, according to the suit.
Masson emphasized that last month's settlement isn't an admission of guilt, but an avenue to avoid a jury trial and a larger settlement cost. Although jail staff contend they weren't aware of Overla's situation and there is no physical documentation of his requests, "none of the lawyers were there and neither was the court.
"So you just have to make the settlement decisions based on the idea that the jury could find either side credible and order a verdict," Masson said.
During court proceedings, Masson argued that Overla was ineligible to proceed with the lawsuit because he failed to exhaust all administrative remedies available at the jail. But U.S. District Judge Joseph Van Bokkelen found that Overla had likely done everything he could to complain about his living conditions.
Kenneth Falk, legal director for the ACLU of Indiana, was not available for comment Monday.
Overla was incarcerated at the time of his alleged injury for failing to register as a convicted sex offender. He pleaded guilty and was sentenced to six years in the Indiana Department of Correction, with an earliest possible release date of September.
But he was arrested again in November for failure to register, and he was sentenced to serve the remainder of his probation in the DOC. ... ..Source.. by Joseph Paul
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