Campbell County has settled a lawsuit brought by the family of a woman who spent the last 16 hours of her life strapped to a chair at the county jail .
Officials agreed to settle the wrongful death suit for $375,000, said Jeff Mando, an attorney representing Campbell County.
Filings in federal court in Covington show U.S. Chief District Judge Danny Reeves dismissed the claims against county and jail officials with prejudice on Aug. 16, meaning they cannot be refiled.
Jessica Vanover, 42, died in January 2021 after being held in a special restraining chair at the Campbell County Detention Center in Newport, according to court documents.
During that time, court filings say, she wasn't supervised or given medical care and was subjected to physical and mental abuse. An autopsy report listed her cause of death as "the toxic effects of methamphetamine."
In 2022, Vanover's family sued the jail, along with jail and county officials, alleging wrongful death and emotional distress to the woman’s young daughter, who was orphaned after Vanover died.
Mando said the court never made any findings of fault and the county has made no admissions of liability in connection with Vanover’s death. He said the settlement was agreed to, in part, to avoid the cost of a protracted legal battle.
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The settlement did not require any changes to be made to the jail’s policies or procedures, Mando added.
Vanover was detained at the jail after Bellevue police arrested her on a public intoxication charge. She was screaming and "crab walking" in and out of people's yards, according to arrest documents. She had relapsed and used meth a few hours before, she told police.
Public intoxication with a controlled substance is a Class B misdemeanor in Kentucky, which carries a penalty of no more than 90 days in jail or a fine of up to $250. Vanover had been arrested on misdemeanor charges in the past, including theft and a DUI.
On Jan. 8, 2021, Deputy Shawn Hartman placed Vanover in a restraint chair because he said she had slapped and kicked him. She falsely believed the judge had released her and wanted to leave the jail, according to court documents.
Hartman monitored Vanover for the next two hours until his shift ended. The lawsuit says Vanover wasn't properly monitored after and the chair’s straps were so tight they cut off her circulation.
Vanover remained in the chair for 16 hours and died at 9 a.m. the next morning. An autopsy performed by Dr. Ashley Matthew of the State Medical Examiner's Office found methamphetamine and amphetamine, a stimulant used to treat ADHD and narcolepsy, in her system.
The manner of death was undetermined, the autopsy report said, as the circumstances from the time she was placed in the chair to the time of her death aren't fully known.
The autopsy report also noted evidence of medical treatment, including injuries consistent with CPR, as well as bruises and other injuries on her arms and legs but did not identify any lethal injuries.
According to court documents, instructions from the chair's manufacturer read:
- Detainees shouldn't be left in the chair for more than two hours and should be supervised during that time.
- This time limit shouldn't be extended without medical supervision. The manufacturers don't recommend anyone should be left in the chair for more than 10 hours. If left longer than the recommended two hours, range of motion exercises should be completed regularly.
- Belts or straps used as restraints shouldn't be tight enough to restrict blood flow. Handcuffs and leg irons should be removed as soon as possible.
- The chair shouldn't be used as a form of punishment. It's meant to allow a detainee to calm down and allow medical staff to seek help.
- Instructions say use of the chair without reading and understanding the instructions could cause injury or death.
The lawsuit alleged deputies used the chair as a punishment in violation of the manufacturer’s instructions and Vanover died as predicted.
Mando previously told The Enquirer that Vanover was monitored frequently and on a routine schedule and that jail procedures were followed.
The family also sued Southern Health Partners, a Tennessee-based company contracted to provide medical care to inmates at the jail, alleging its nurses misdiagnosed Vanover and failed to provide proper medical treatment.
Court records indicate that Vanover’s family also settled with Southern Health Partners, however, the terms of that agreement weren’t immediately available. The claims against the company have not yet been dismissed.
Attorneys for Southern Health Partners and Vanover’s family have yet to respond to messages seeking comment.
Vanover's mother-in-law, Tiffiney Buerkett, described her as a loving, compassionate person with a "beautiful heart." Vanover's husband, Blake Berry, died in 2018.
"Without her here, it's just not the same, ..." Buerkett previously told The Enquirer. "It definitely was a much happier, better place with her here."
This article originally appeared on Cincinnati Enquirer: Officials settle lawsuit over woman who died in jail after 16 hours in restraint chair
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