City settles Eimers wrongful death lawsuit for $900,000

BY PRU SOWERS

KONK LIFE STAFF WRITER

 

Key West City officials have agreed to a $900,000 settlement to the family of Charles Eimers in return for dropping a civil lawsuit against 13 police officers accused by the family of contributing to Eimers’ death during an arrest in 2013.

 

City Spokesperson Alyson Crean said the settlement decision was made by the city’s insurance carrier, which would have had to pay any damages awarded to the family if a jury found police were responsible for Eimers’ death on Thanksgiving Day 2013. Despite being cleared by four separate law enforcement agencies investigating the death, the insurance company decided instead to settle out of court.

 

“The Insurance carrier for the City of Key West has agreed to settle on behalf of Officer [Gary] Lee Lovette on the civil case alleging the wrongful death of Charles Eimers. The settlement indicates no admission of liability or fault. The City maintains that its actions were appropriate. However, the insurance carrier made a business decision in light of potential litigation costs,” Crean said in a press release issued late Thursday, Jan. 29.

 

Key West Police Chief Donie Lee was unhappy with the decision. The state Department of Law Enforcement, the Monroe County Medical Examiner, the Monroe County State Attorney and the Key West Police Internal Affairs Office had all found that police actions during the routine traffic stop of Eimers and the subsequent slow-speed chase that ended with his arrest on South Beach did not contribute to his death.

 

“It’s a difficult decision for us to accept. We firmly contend that we did not use excessive force or cause the death of Mr. Eimers. This was a business decision by the insurance carrier,” Lee said in the press release.

 

City Manager Jim Scholl said he agreed with the settlement decision. The insurance company had told city officials that if they wanted to go to court to defend the police, it would only pay up to $900,000 towards legal expenses and any damages if the officers were found guilty.

 

“If there would have been a judgment that exceeded that amount, the taxpayers would have been on the hook. It’s an insurance company decision and that’s OK,” Scholl said.

 

Despite a grand jury absolving the 13 Key West Police officers of any criminal action during the arrest and death of Eimers, an internal police investigation released Dec. 8 disciplined two of the officers involved and called for review and possible modification of multiple departmental policies. The eight-page report written by Sgt. Joseph Tripp found several instances of officers not following standard police procedure during the incident. Officer Lovette was subsequently suspended without pay for five days for violating four police department procedures. Officer Henry del Valle was given a written reprimand for two violations.

 

Ultimately, however, Tripp concluded none of the officers acted in a criminal manner or contributed to Eimers’ death, which the county medical examiner ruled accidental, caused by a weak heart and Eimers’ overall poor physical condition.

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