County weighs all legal options after judgment
Asheville – Officials are gathering information to fully understand the county’s legal options after a jury issued a combined $4.6 million award to a father and daughter who were separated through the use of a custody and visitation agreement.
Cherokee County is insured through the N.C. Association of County Commissioners’ Risk Management Pools, which covers 71 counties throughout the state. Cherokee County’s coverage limit is $2 million per occurrence.
The county could appeal the jury’s judgment on a number of grounds, which were expected to be discussed during Monday night’s executive session following the board of commissioners meeting. Even if that effort fails, it’s unclear whether the county would have to pay the difference out of its tax-funded budget.
The county has retained civil litigation lawyer Richard S. Daniels of Asheville to help with insurance coverage and payment matters.
“We’re working with our insurance companies and attorneys to get all that figured out,” County Manager Randy Wiggins said.
The NCACC created its liability and property insurance pool to help counties jointly manage risk and prevent insurance market changes from devastating county budgets. It’s unclear whether any payout will result in a significant increase in policy premiums.
The company’s website states that “members’ contributions are experience rated, which means that a member’s own loss experience influences the contributions it will pay.”
A jury issued the multimillion-dollar award Thursday following a four-day federal civil trial. Local resident Brian Hogan filed a civil suit against Cherokee County, former Department of Social Services director Cindy Palmer and former
DSS attorney Scott Lindsay in April 2018, after a custody and visitation agreement was used to separate him from his daughter, who was then placed in the legal custody of her paternal grandfather.
Custody and visitation agreements, informally known as CVAs, are not recognized by the state as a legal document or process because it allows minor children to be removed from their parents without court involvement in violation of N.C. law. Essentially, a CVA usurps due process, strips parents of their rights to counsel and does not afford parents the ability to mitigate the reason that brought the case to DSS in the first place.
In reaching its judgment, the jury determined that Lindsay and Palmer acted in a “grossly negligent manner,” violating Hogan’s and his daughter’s due process rights. Jurors further found that Cherokee County failed to adequately train employees, resulting in the violation of constitutional rights.
Jurors also determined that Lindsay obstructed justice with respect to Hogan. However, jurors did not find that Palmer obstructed justice.