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Broken leg costs county $1.5 million


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Jail video: Broken leg costs county $1.5 million

Video cameras at the Ventura County Jail capture the incident involving Michael Andrews, whose leg was broken while in custody.
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A Ventura man whose leg was severely fractured while he was being restrained by deputies at the main jail will receive $1.5 million from the county to settle a federal civil rights lawsuit.

The Board of Supervisors approved the settlement this week during a closed session.

Michael Andrews, 43, claimed excessive force was used when he was booked into jail in December 2005 on suspicion of public intoxication and vandalizing a pickup truck at the Vagabond Inn in Ventura.

He filed a lawsuit in U.S. District Court in Los Angeles in October, naming five people: Sgt. John Franchi, Senior Deputy John Gleason, and Deputies Guillermo Valencia, Brian Whittaker and Richard Beall.

Charles Pode, the county's risk manager, said the county agreed to settle because of the severity of the injury and the risk that a jury would rule in Andrews' favor.

The former security guard's leg was broken just below the knee and required two surgeries. He is unable to bend his leg more than 90 degrees and will eventually need a knee replacement.

"We looked at the circumstances, how it occurred, how a jury could look at the case, the cost of defense and the severity of the injury before deciding to settle," Pode said.

"There was the potential that a jury could award a lot more money than $1.5 million for medical expenses, loss of earnings and pain and suffering."

In addition, if a jury did rule for Andrews the county could end up paying his legal fees, Pode said. Andrews retained two attorneys. In civil rights cases, attorneys often charge $400 to $450 an hour, Pode said.

Andrews' attorney, Michael Alder of Beverly Hills, said a video of the incident taken by an overhead camera at the jail also prompted the settlement.

The video shows the five deputies gathered around the 5-foot-9-inch, 150-pound Andrews, ordering him to get down.

Two were supervising while three scuffled with Andrews, whose hands were handcuffed behind his back. During the scuffle, deputies swept Andrews' feet out from under him then sat on his legs, Alder said.

"Then they left him in the tank for three hours while he was crying out for help, saying his leg was broken," Alder said.

The broken bone slowly cut off circulation to Andrews' lower leg, creating additional pain, Alder said.

"He suffered terribly, he did not deserve this treatment and nearly lost his leg due to a serious abuse of force by several deputies," Alder said.

Pode said law enforcement is often unhappy with the decision to settle such cases because it suggests guilt.

"They feel they're doing the best they can under circumstances that are unpredictable and often dangerous," Pode said. "You just don't know what's going to happen when someone is under the influence."

Andrews grew up in Ventura and moved to Alaska 13 years ago. He worked there as a security guard for a private company.

A few weeks before his arrest, he returned to Ventura to find a new job and be near relatives, Alder said. Ventura police arrested Andrews as he staggered through a parking lot banging into cars. Pode said Andrews also damaged a side-view mirror on a pickup truck.

The $1.5 million settlement is high for the county, Pode said.

But Alder said it won't make his client rich.

"This is money he will need to compensate over the next 40 years of not having full use of his leg. He can't return to work, he can't return to his active lifestyle of hiking and riding a bike, and he will have medical bills related to this injury for the rest of his life," Alder said.

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