$12.2 million settlement for man who lost limbs after 'deliberate indifference' by Scott County jail

A man who lost his arms and suffered a stroke after medical care was withheld while he was an inmate at the Scott County jail will receive $12.2 million in a settlement that his attorneys said is the largest in state history for someone sustaining jail-related injuries.

"I'd rather have my hands than anything," Terrance Dwayne Winborn said in a video clip about his daily life shown at a news conference Wednesday while flanked by his attorneys. "[My condition] makes me feel helpless sometimes, but I keep on pushing."

Winborn, of Marshall, Minn., suffered "severe and permanent injuries" and nearly died due to a bacterial infection he sustained while in the Scott County jail for about 40 hours.

The lawsuit alleges that Scott County jail employees — including a registered nurse on duty — acted with "deliberate indifference" when they failed to get him appropriate and timely medical care. In doing so, his constitutional rights were violated, they said.

Scott County also failed to report the case to the Minnesota Department of Corrections within 10 days as required by law, his attorneys said.

The Scott County Board voted unanimously to approve the settlement at its Tuesday meeting. It's not final until approved by the judge, said Scott County Attorney Ron Hocevar .

"The board has determined that the settlement is in the best interests of the county to avoid the risks of a trial and uncertainty of a jury verdict," Hocevar said at the meeting.

Hocevar had no additional comment.

It includes $10.2 million from the county and $2 million from the county's insurer, Minnesota Counties Intergovernmental Trust (MCIT).

Other recent Minnesota lawsuits related to jail injuries or death have netted $3 million or less.

'Something nobody wants to go through'

Winborn, who was 59 at the time, was taken to jail on August 27 just after midnight for "various driving and alcohol-related infractions," the lawsuit said.

Though he entered the jail walking and talking, he could do neither just 39 hours later after contracting a bacterial infection, said Katie Bennett, an attorney with Robins Kaplan representing Winborn.

His symptoms started with vomiting and later progressed to an inability to stand up, extensive pain and trouble breathing, according to jail records. He eventually fell off his bunk bed due to his poor condition but no care was rendered by a nurse on duty.

At the end of his second day in jail, Winborn was finally taken to St. Francis Regional Medical Center in Shakopee, though he was driven by a police officer rather than being transported by ambulance.

In an email, Debra Schneider, the registered nurse, said he "had a rough day today."

Photographs of Winborn's condition at the hospital show his raw and scabbed legs, unrecognizable as human limbs. A photo of his scalp shows skin missing and blood-red exposed flesh.

He spent a total of 122 days in three hospitals, including 59 days on a ventilator. He experienced multiple organ failure. His arms had to be amputated below the elbow due to sepsis. His skin and body have drastically changed in appearance due to damage from purpuric lesions, the lawsuit said.

"It's something that nobody wants to go through," Winborn said.

In the video, Winborn demonstrates how he eats with the help of a prosthetic. He describes it as "hard work," sharing that he chooses specific foods — fish sticks, soup — because it's easier.

Many complications from his injuries persist, he said, though he tries to do everything he used to do.

"I always tell myself, you can't just lay in the bed," he said.

Attorneys from Robins Kaplan allege that not only was Winborn's treatment at the jail troubling, it's part of a pattern for Scott County.

At times, important evidence was never recorded. In other instances, it was deliberately deleted, attorneys said.

The jail has a history of not complying with jail policy and state rules related to conducting and recording well-being checks on inmates, Bennett said.

The Minnesota Department of Corrections has repeatedly reprimanded Scott County jail for inadequate checks on inmates, such as in Winborn's case, she said.

In an example from a jail log on the morning of August 28, 2020, Winborn's well-being check was recorded as starting and ending at exactly the same time and 20 other inmates were checked at that time as well.

Several reports that should have been written during his stay were missing entirely.

There's also no video available from Winborn's time at the jail — despite cameras' installation in at least six different areas — because it was deleted by jail staff, said Greta Wiessner, another Robins Kaplan attorney .

"As a jail knows, when litigation is reasonably foreseeable, video has to be saved," Wiessner said. "We argued ... that it was an intentional failure to preserve the video."

The lawsuit also alleges that the Scott County jail has a history of "seeking less-expensive medical care for inmates, including eschewing emergent care even when an inmate's life-threatening condition called for it."

Bennett said the firm chose to take Winborn's case partly because of the severity of his injuries.

"We were really glad to be able to help him," she said.