Last lawsuit claiming sex abuse by Polk County Jail doctor settled for $7,500
The last in a series of lawsuits alleging sexual misconduct by a former Polk County Jail doctor has concluded with a $7,500 settlement from the county.
Six current and former detainees filed lawsuits in 2020 and 2021 with accusations against Dr. Michael Daly, who provided medical services for the jail from 2017 to 2020 as an employee of health care contractor Correct Care Solutions Inc., now known as Wellpath. The detainees alleged Daly sexually assaulted them in his private office at the jail.
In the final case, the plaintiff also sued a jail officer, Onyeka Onyeka, alleging he sexually assaulted the inmate while he was receiving treatment at Mercy Hospital.
All six cases have now been dismissed. The other plaintiffs settled with Daly, represented by his insurer, for confidential sums in September and December 2023, according to their attorney, Erik Luthens.
Prior to the settlements, Daly's attorneys argued in court that he had followed standard protocols by, among other things, performing genital exams for a patient with symptoms suggesting a kidney stone. They also accused at least one plaintiff of falsely exaggerating symptoms to get painkillers, then filing the sexual allegations against Daly when he ended the prescription.
In five of the lawsuits, claims against the county also were dismissed, either voluntary by the plaintiffs or through summary judgment after the judge found Polk County was not liable for the actions of a contractor's employees.
The last case outstanding was the lawsuit with accusations against Onyeka, the jail officer. The county had moved for summary judgment in that case as well, but on Feb. 19, the parties told the court the remaining claims against Onyeka and the county had been settled. A copy of the settlement agreement provided by Polk County shows the county agreed to pay $7,500 to resolve the case.
Luthens, the plaintiffs' attorney, told the Des Moines Register the lawsuits "all have been resolved to the satisfaction of my clients and dismissed," and that he does not anticipate any further litigation related to Daly's work for the jail. He otherwise declined to comment. A Polk County spokesperson also declined to comment.
Daly, 68, is a doctor of osteopathic medicine specializing in family medicine and pathology. His license has been listed as inactive since 2021, according to the Iowa Board of Medicine, which does not have any public records of charges or discipline against him.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Iowa jail doctor sex abuse lawsuits end in settlement
