Commissioners approve $4 million budget amendment resolution regarding lawsuit

TOP PHOTO: County Mayor Jack Lynch, left, and County Commission Chair Johnny Bruce, right. Bruce read resolution 8-1 into record on Monday evening. The resolution was regarding the $6 million lawsuit.

By Charlotte Underwood 

JACKSBORO, TN (WLAF)- After meeting in executive session for over an hour on Monday evening with their attorney, County Commissioners approved a resolution authorizing budget amendments to pay the $6 million dollar judgement to plaintiff Nathan Ling. Commissioners approved a budget amendment for over $4 million to pay the judgment.

The lawsuit stems from a 2019 incident in which Ling, who had a warrant for his arrest, sustained injuries while being arrested by Campbell County Sheriff’s deputies.

Ling was awarded a judgement in the amount of $6 million dollars on February 5, 2024, in the U.S. District Court for the Eastern District of Tennessee.

Before voting on the resolution on Monday evening, Commissioner David Adkins spoke about the issue after making the motion.

“I would just like to state that this is a matter that this entire commission has been dealing with over the past couple of months and that our decision, whatever it may be tonight, it doesn’t come lightly. My decision did not come lightly after all the paperwork and discussion and everything we have had, I feel like by making this motion and trying to move forward is the best thing for the citizens of this county,” Adkins said.

According to the budget amendment resolution passed by commissioners on Monday evening, “the awarded judgement of $6 million exceeds the county’s insurance coverage threshold of $2 million leaving a $4 million balance to be provided from county funds.”

Monday’s budget amendment resolution appropriates $4,035,000 so the judgment can be paid by August 23.

According to the resolution, “In May 2024, the county filed post-trial motions seeking judicial relief as to the verdict rendered with the hope that such motions at a minimum would result in a reduction in the judgement awarded of $6 million, however on June 18, 2024, the presiding judge issued an order denying the county’s motions for relief and ratifying the actions of the jury inclusive of judgment award of $6 million.”

An arbitration hearing was held on August 14, 2024 “wherein the plaintiff agreed to waive the interest to be paid on the judgement that has accumulated since Feb. 5, 2024, and also forgo seeking additional compensation from Defendant for legal costs incurred by the Plaintiff with the stipulation that the such concessions require the county to remit full payment of the $6 million judgement by August 23, 2024, and;”

“whereas, in considering the possibility of appealing the judgment the county became aware that doing so requires the county to obtain a Supersedeas Bond and an irrevocable letter of Credit to be filed with the Court by August 23 at a non-refundable cost of $110,000 for these items and the county would incur legal representation costs of approximately $35,000 beyond the legal costs incurred to date, and the county would be required to pay interest on the judgment from the February 5, 2024 through the conclusion of the appeal process, and the county could be required to pay the legal costs incurred by the Plaintiff to date and that would be incurred in the appeal process, both of which the Plaintiff has agreed to waive if full payment of the original judgment of $6 million is paid by August 23, 2024”, and

WHEREAS, “although the County Commission disagrees with the decision of the Jury and the Court in awarding the Plaintiff a judgement of $6 million, avoiding the additional surety costs, interest costs and legal fees of approximately $1.2 million is in the best interest of the county taxpayers, therefore the County Commission herby appropriates $4 million for the portion of the judgment not covered by the county’s insurance and authorizes payment of such judgment no later than August 23, 2024 in accordance with the deadline established by the arbitrator.” (WLAF NEWS PUBLISHED – 08/202/2024-6AM)

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