Shelby County State’s Attorney faces FOIA lawsuit over withheld jail deposition transcripts

Brian McReynolds Shelby County Sheriff
Brian McReynolds Shelby County Sheriff
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Shelby County State’s Attorney Ruth Woolery is facing a lawsuit under the Freedom of Information Act (FOIA) for allegedly denying access to public records. The case centers on the release of deposition transcripts from the Nicholas Banning civil lawsuit, which resulted in an $850,000 settlement paid by Shelby County’s insurance provider.

The Edgar County Watch Dogs sought these depositions, claiming they reveal significant issues within the Shelby County Jail during former Sheriff Don Koonce’s tenure. According to information provided to the group, the depositions are said to illustrate failures in jail management and training.

Woolery released three depositions with redactions but did not specify legal reasons for those redactions. She also withheld several other depositions, citing a related criminal case rather than referencing any specific FOIA exemption.

One deposition from Chris Zakawski highlighted deficiencies in staff training and certification at the jail:

Q. And during your employment with Shelby County, did you ever go to the correctional academy?
A. No.
Q. During your time with Shelby County, were you ever CPR certified?
A. No.
Q. Okay. Did you have any certifications when you worked as a correctional officer here in Shelby County?
A. Not that I’m aware of.

Q. Okay. My question is, do you ever — do you know if you ever worked with another individual that hadn’t been to the academy either?
A. Yes.
Q. There were times that the two of you, neither of you had been to the academy?
A. Yes.

Q. Did you receive any training on, like, signs and symptoms to be on the lookout for as a correctional officer?
A. No.
Q. Do you believe you received enough training as a correctional officer here?
A. No.
Q. Did you — for example, did you ever receive any training on withdrawal symptoms?
A. No.

The Edgar County Watch Dogs stated: “We encourage everyone to read the transcript so they can draw their own conclusions as to how bad things were during the time former Sheriff Koonce was in charge.” They further noted that Zakawski’s testimony suggests corrections officers lacked required certifications and proper training.

The organization also referenced previous concerns about Koonce’s conduct while serving as sheriff: “For those with short memories, Koonce was responsible for a laundry list of malfeasance, of which he was never held accountable for any of it.”

Updates will be provided once there is a response to the FOIA lawsuit.



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