Orange County will pay over three million dollars to the family of Robert Montano to cover the wrongful death of Montano in the Orange County Jail in 2011. The Commissioners Court voted unanimously Tuesday upon the recommendation of Assistant County Attorney Doug Manning to pay the Montano family $3,175,674.79 on or before February 15 of this year.
Manning and special counsel David Gaultney met with the Commissioners Court, Sheriff Keith Merritt, and Chief Deputy John Tarver for about an hour discussing the Montano versus Orange County lawsuit. This was the first meeting of the Commissioners Court since the Fifth Circuit Court of Appeals denied the request by Orange County to have all the judges in the Fifth Circuit hear the appeal of the case. Earlier in December three judges in the Fifth Circuit upheld the lower court’s finding in favor of the Montano family which awarded the family over two million dollars in damages.
A more formal statement from Orange County will come later according to County Judge Brint Carlton. The nearly 3.2 million dollar settlement covers damages and the plaintiff’s litigation fees in the case. Not included in that amount are the legal fees accrued by Orange County. Judge Carlton said in early December the county had already spent $360,000 on its own litigation fees.
-Dan Perrine, KOGT-
Story from Dec. 28, 2016
The United States Fifth Circuit Court of Appeals has denied a motion by Orange County to have the full 12-judge panel hear the appeal of a lawsuit the county lost in trial.
A U.S. District Court jury in Beaumont decided the county owes the family of an inmate who died in the county jail nearly $3 million, including legal fees.
A month ago, a three-judge panel of the Fifth Circuit upheld the jury’s decision. Orange County Commissioners Court decided to file the motion to get the larger panel to hear the case.
41-year-old Robert Montano died in the Orange County Jail in October 2011. His family filed the lawsuit against the county in 2013. The jury trial was in 2015.
The sheriff’s office reported Montano was arrested for being on “bath salts,” a combination of chemicals that can cause hallucinations. However, trial testimony showed Montano had no signs of drugs in his system.
During the trial, evidence showed Montano had a history of mental illness. He died of renal failure after four and a half days of little food and water. Witnesses said he had been placed in a room with glass windows. Nurses covered the windows with paper so they could not see him, according to testimony in the trial.
According to the U.S. Department of Justice website, the circuit court appeals are final unless the case is reviewed “en banc,” or with the larger panel of judges. Because Orange County lost that request, the next step would be to file a “writ of certiori” to the U.S. Supreme Court.
The Supreme Court hears cases of constitutional issues or those with conflicting decisions from circuit courts of appeal.
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