A resolution approving the compromise and settlement of the lawsuit of Margaret Dowdy, administrator of the estate of Calvin Wayne Shaw, against The Metropolitan Government of Nashville and Davidson County for the amount of one hundred eighty seven thousand five hundred dollars ($187,500) and directing that this amount be paid out of the self-insured liability fund.

WHEREAS, on November 8, 1996, Calvin Wayne Shaw was arrested and incarcerated in the Metropolitan Criminal Justice Center. Mr. Shaw was known to the medical personnel in the jail to be suffering from the mental illness of paranoid schizophrenia; and,

WHEREAS, on the evening of November 10, 1996, although Mr. Shaw was being medicated for his schizophrenia, he began to mutilate himself; and,

WHEREAS, although he was repeatedly sedated to control his self-destructive behavior, on November 11, 1996, after mutilating himself again and causing himself to bleed profusely, Mr. Shaw was rushed to Metropolitan Nashville General Hospital where he later expired; and

WHEREAS, as a result of Mr. Shaw's death, Margaret Dowdy filed a lawsuit against the Metropolitan Government on behalf of her son, Calvin Shaw, alleging among other things, that her son was not afforded appropriate medical care; and,

WHEREAS, the Department of Law believes that the settlement set forth in Section 1 below is fair and reasonable, and recommends that this lawsuit be compromised and settled as to all parties and that said amount be paid out of the Self-Insured Liability Fund.

Now, therefore, be it resolved by the council of the Metropolitan Government of Nashville and Davidson County:

Section 1. That the Metropolitan Department of Law is authorized to compromise and settle the lawsuit of Margaret Dowdy against the Metropolitan Government for the amount of one hundred eighty seven thousand, five hundred dollars ($187,500) and that said amount should be paid from the Self-Insured Liability Fund.

Section 2. That this Resolution shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Jim Shulman


Referred to: Budget & Finance Committee
Introduced: October 16, 2001
Adopted: October 16, 2001
Approved: October 17, 2001
By: Mayor Bill Purcell