East Central Reporter

In April 2021, Nicholas Banning initiated a federal lawsuit against several defendants, including Shelby County. The case involves individuals such as Tonya Atteberry, Daine Burkhead, Devon Durbin, Brandon Gatton, Melissa Haynes, Don Koonce, Brian McReynolds, Megan Warner, Cwenton Williams, and Chris Zakowski. Additionally, Advanced Correctional Healthcare Inc. is named in the suit.

The proceedings have seen numerous filings and hearings over the years. All attempts by the defendants to dismiss the case have been unsuccessful so far. As it stands now, unless a settlement is reached soon, the matter seems poised for trial. There remains a possibility that parts of the case could be resolved through summary judgment motions; however, this appears unlikely given the facts presented.

A settlement conference took place on October 24, 2024; however, no agreement was reached. Some board members indicated they were not informed about this unsuccessful conference. It has been noted that Shelby County's insurance company is covering legal expenses but it is unclear if any details regarding settlement talks have been shared with Ruth Woolery, Shelby County State’s Attorney.

Don Koonce, former Sheriff of Shelby County and one of those named individually in the lawsuit failed to get his dismissal motion approved. The Judge's order highlighted concerns regarding Koonce's response to notifications about Banning's medical condition during detention: "Plaintiff’s Amended Complaint specifically alleges the Defendant received emails or other shift briefs from jail staff informing him Plaintiff was suffering from withdrawal symptoms and his condition was deteriorating." Despite knowing there were insufficient medical resources available to address these issues adequately,"the Defendant did not direct his staff to notify medical staff nor did he ask medical staff to monitor Plaintiff’s condition."

The court denied Koonce’s Motion to Dismiss Count I against him: "Whether or not Plaintiff can demonstrate Defendant Koonce was personally involved in his claims is not at issue but Plaintiff has sufficiently alleged the Defendant knew no medical care was provided for Plaintiff’s serious medical condition and failed to take any action."

This ongoing litigation exemplifies how elected officials might face personal liability when sued individually under certain circumstances.