Wednesday, January 05, 2000
Settlement reported near in jail death
Diabetic inmate found in Kenton cell
BY SUSAN VELA
The Cincinnati Enquirer
COVINGTON — Kenton County officials are moving toward settlement of a $50 million lawsuit stemming from the June 1998 death of a 68-year-old diabetic in the Kenton County Jail.
Scott Greenwood, the attorney representing the family of James Franklin, said a settlement could be reached in the next month.
Mr. Franklin, of Elsmere, was found dead in a jail cell in June 1998 — naked, shoeless and lying in his own waste. He had been at the jail for almost two weeks for allegedly shooting at a Covington police officer, who was not injured.
Kenton County Attorney Garry Edmondson agreed that a settlement could be in sight, but was less certain about timing. “It's not anything imminent,” he said.
Defendants in the lawsuit include former Kenton County Jailer Don Younger, former county commissioners, present fiscal court members and present jailer Terry Carl.
“The lawsuit has had a tre mendous impact on ... the facility,” Mr. Greenwood said. Mr. Franklin's death “may have just been the straw that broke the camel's back. We hope to have this concluded shortly.”
While Mr. Greenwood wouldn't discuss how much money is being negotiated, Mr. Edmondson said the amount is likely to be in the thousands of dollars rather than the millions mentioned in the lawsuit.
U.S. District Judge William O. Bertelsman has asked for a status report on settlement discussions later this month.
Edgar Carter, Mr. Franklin's son, filed the federal lawsuit about three months after his father's death. Family members declined to comment.
The suit alleged that Mr. Franklin spent his first night in the jail, June 13, in an isolation cell. He then was moved to a cell with other inmates, and jail staff told them to take care of the diabetic man, the suit says.
At some point, Mr. Franklin was transferred back to his own cell, where he was found dead by a deputy bringing him a syringe of insulin. He was lying next to a partially eaten orange and a lunchmeat sandwich.
Autopsy results indicated that he had virtually no glucose — or too much insulin — in his system. Experts have said that was because he either injected too much or was not given the right amount of food.
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