Family secures $1M from lawsuit, Laredo Morning Times

By Taryn T. Walters
LAREDO MORNING TIMES

Family members of a man who died in 2009 at the Webb County Jail have secured a $1 million settlement — the largest ever reached with a government entity in the history of Webb County, according to local attorney Ron Rodriguez.

The announcement came just weeks before the case was scheduled to begin trial, on April 18.

Rodriguez, who represented 38-year-old Rafael Edgardo Solis Sr.’s family and children, said he is proud to have brought this matter to a successful conclusion for his clients.

“Along with Public Justice, we obtained a full measure of justice for them, securing the largest settlement with a government entity in the history of Webb County, for the full amount of the insurance policy limits,” Rodriguez said.

Washington, D.C.-based group Public Justice, which provided assistance with the case, pursues high-impact lawsuits to combat social and economic injustice. Rodriguez is a Public Justice board member.

Solis’ mother, Maria Del Refugio Escamilla, and his two sons filed a lawsuit in February 2011 against Webb County, Sheriff Martin Cuellar, seven jailers and an emergency medical technician.

In June 2015, U.S. Senior District Court Judge George P. Kazen filed an order allowing excessive force claims against the jailers to move forward, saying a “reasonable jury could infer that Solis’ death and serious injuries indicated use of more force than was necessary for the needs of preventing Solis from injuring himself and transporting him to the hospital.”

Kazen dismissed claims against the county, Cuellar and the emergency medical technician.

The suit continued against the jailers, Joel Jorge Cavazos, Gerardo Gonzalez, Rolando Cantu, John Jimenez, Ramiro Rendon, Carlos Diaz and Juan Roque.

Solis died Feb. 14, 2009 while being restrained by jailers who were preparing to take him to a hospital.

Dr. Corinne Stern, Webb County medical examiner, ruled his death as a homicide, concluding he died from asphyxiation resulting from physical restraint, according to court documents.

Stern “found numerous cuts and bruises on (Solis’) head, torso, arms and legs; she found that two of his ribs were broken; and he had internal hemorrhaging in his chest and back — ‘evidence,’ she stated, ‘of blunt force injury,’” the records states.

The findings of an investigation conducted by the Texas Rangers are aligned with Stern’s opinion.

An expert witness for the defendants maintains Solis died due to delirium tremens, a severe form of alcohol withdrawal and not due to any use of force.

“For the past eight years, Rafael’s family has waited for justice, and for those jailers on whose watch Rafael died to be held accountable,” said Jessica Bennett, staff attorney for Public Justice.

“Of course, nothing can bring back Rafael. But with this settlement, Rafael’s family has finally received the justice and closure they deserve.

“And we’re hopeful that it will encourage Webb County to take steps to ensure that this never happens to anyone else.”

Rodriguez added, “The result of this case will ensure that all our community members will be treated with dignity and respect in the event of incarceration.”

Webb County did not respond to a request for comment on this story.

The case is set for discussion and possible action for the Commissioners Court to approve the settlement offer at Monday’s meeting.

The parties filed a joint advisory in federal court announcing the settlement agreement had been reached and requesting a settlement conference before the court.

In the advisory, the parties requested the appointment of attorney Richard J. Gonzalez as guardian ad litem for the settlement due to one of Solis’ sons being a minor.

A guardian ad litem is a person appointed by the court to ensure the best interests of a child are represented in a case.

A conference date has not yet been set before the court.