Polk County's failure to protect jail employee expected to cost $850,000
Polk County is poised to pay an $850,000 court settlement to a former injured Polk County Jail detention officer who was injured on the job by an inmate.
The amount is less than half the $1.75 million originally awarded Brent Lozano in the spring of 2021. But both the county and Lozano appealed that verdict, and the settlement ends those appeals.
In March 2016, Lozano seriously injured tendons in his left ankle when he tried to restrain a jail inmate, which required surgery and physical therapy. He could not work in 2017, according to his lawsuit.
In January 2018, Lozano's doctor determined he could work only four hours a day because he couldn't do some of the functions of his job, such as standing for long periods of time or restraining or responding to fights between inmates.
Lozano's lawsuit alleged Risk Management manager Frank Cataldo called his doctor on Feb. 6, 2018, and told him that the ability to restrain incarcerated people was not an essential function of a detention officer. Lozano's doctor eventually cleared him to return to work but under the restriction that he not restrain inmates, according to the lawsuit against Polk County and Cataldo.
On Feb. 13, 2018, Cataldo told Lozano his doctor allowed him to return to work without restrictions, which was not true, the lawsuit alleged. After less than a week back at work, his ankle throbbed, swelled and he had pain that shot into his calf.
Another doctor concluded Lozano could not perform essential functions as a detention officer and Lozano asked for accommodations, according to his lawsuit.
On March 1, 2018, the county denied Lozano's request for medical leave, according to the suit. He was terminated on April 5, 2018.
The jury awarded Lozano $875,000 for future lost wages and $875,000 for future mental pain. The jury found the county and Cataldo did not act in Lozano's best interest when it violated their fiduciary duty. The jury found Lozano was not fired improperly.
Both appeals of the case were pending when the two reached a settlement agreement.
Reached Monday, Matthew Sahag, Lozano's attorney, said he would not comment on the settlement.
Lee Rood's Reader's Watchdog column helps Iowans get answers and accountability from public officials, the justice system, businesses and nonprofits. Reach her at lrood@registermedia.com, at 515-284-8549, on Twitter at @leerood or on Facebook at Facebook.com/readerswatchdog.
This article originally appeared on Des Moines Register: Polk County to pay $850,000 to settle lawsuit with injured jail officer
