A proposed settlement between Knox County and a former inmate whose beating by guards was caught on tape has dissolved into a legal war of words between the attorneys involved.
Louis Flack, 54, was in custody at the Roger D. Wilson Detention Facility in November 2014. Authorities initially arrested him for burglary and aggravated assault, although the charges were later dropped.
On the day of the beating, guards wanted to move Flack, who suffers from a mental illness, into another holding cell, but Flack refused to stick his hands through a sliding panel in the door so that officers could cuff him.
The guards, in order to remove Flack from the cell, rushed in and beat him, even after he was restrained, according to videos of the beating obtained by WBIR 10News. The footage showed jailers punching and kicking him after he was cuffed. He was placed into a hog-tied position and rendered defenseless.
Flack filed a $5 million civil rights lawsuit in U.S. District court late last year. In March, though, the parties agreed to settle for $200,000, plus attorney fees.
Now, it appears there is a dispute over whether the matter was indeed settled at that March mediation conference.
Flack's attorney, Lance K. Baker, filed a motion asking for a status conference or to schedule a date for a trial. He contends that David Wigler, Deputy Law Director for Knox County, made hand-written changes to an earlier settlement document that were confusing and that he and his client would need time to review them before agreeing.
Baker presented a number of emails sent to Wigler and his boss, Knox County Law Director Bud Armstrong, asking for the edited settlement documents to review. He also asked for clarification on a statement made by Armstrong to the media that "the settlement won't be finalized until motions on another issue are resolved."
In the emails, Baker stated that he thought the only matter that wasn't resolved were his attorney fees. The county offered $30,000, though Baker thought $100,000 would be more appropriate, he said he'd accept $80,000. The matter of the attorney fees has still not been resolved.
Further complicating the issue was a lien placed against the settlement by Flack's brother for a personal injury claim. Wigler said in an email that county couldn't pay anything until the lien was resolved, and offered to make the check payable to the Clerk of the District Court for later disbursement. Baker has filed a motion to fight the lien.
Baker said in March that Flack was "doing much better" and was a patient at Helen Ross McNabb.
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