United States District Court, E.D. Virginia, Norfolk Division
ROXANNE ADAMS, ADMINISTRATOR OF THE ESTATE OF JAMYCHEAL M. MITCHELL, Deceased, Plaintiff,
NAPHCARE, INC., et al., Defendants.
Plaintiff Roxanne Adams, Administrator of the Estate of
Jamycheal M. Mitchell, Deceased
J. Krudys (VSB No. 30718) The Krudys Law Firm, John F. Preis
(VSB# 45764), PLC Counsel for Plaintiff Roxanne Adams,
Administrator of the Estate of Jamycheal M. Mitchell,
J. McNelis, III, Esq., Grace Morse-McNelis, Esq., Christopher
F. Quirk, Esq., Ruth T. Griggs, Esq., Sands Anderson Counsel
for Defendant NaphCare and Kolongo, MD; Edwards, LCSW; Ray,
NP-Psych; Ngwa, NP; Johnson, RN; Thomas, RN, HSA; Rivers,
LPN; Nicholson, MA; Murphy, MSW
W. Rosen, Esq. Lisa Ehrich, Esq. Jeffrey Hunn, Esq. Pender
& Coward, Counsel for Defendants HRRJA, HRRJ, Supt.
Simons, Asst. Supt. Taylor, Officer Gibbs, Officer Hilliard,
Officer Keister, Officer Powell, MJO Smith, MJO Johnson, Sgt.
Everette, Sgt. Phillips, Lt. Madison, Capt. Cowan
Gregory F. Holland Esq., Dov Szego, Esq., Counsel for
Marshall H. Ross, Esq., Senior Assistant Attorney General
Alexander K. Page, Assistant Attorney General Office of the
Virginia Attorney General, Counsel for Defendant Boyd
P. Corrigan Esq., Jeremy D. Capps, Esq., Leslie A.
Winneberger, Esq., Counsel for Defendant Ferguson
William W. Tunner, Esq. Mark R. Colombell, Esq. Michael G.
Matheson, Esq. William D. Prince, IV, Esq., Counsel for
Defendants Officer Barnes, Officer Blakely, Officer Bourne,
Officer Brown, Officer Butcher, MJO Dixon, Sgt. Epperson,
Officer Whitaker, Sgt. S. Whitehead, and Lt. R. Whitehead
Michael Goodove, Esq. Elizabeth K. Ufkes, Esq., Counsel for
beneficiary Jasmine Adams
Willis, Esquire Inman & Strickler, P.L.C., Counsel for
beneficiary Sonia Adams
Anthony Lewis Esq., Richard F. Hawkins, III, Counselfor
beneficiaries Michael Mitchell, Lance Tucker, Laquette Miles,
Michael Miles, Shavonne Miles, Shewanda Miles and Jamie Miles
AMENDED ORDER APPROVING WRONGFUL-DEATH
day came Plaintiff, Roxanne Adams, Administrator of the
Estate of Jamycheal M. Mitchell, Deceased (Plaintiffs
decedent is referred to herein as "Mr. Mitchell"),
in person and by counsel, and Defendants NaphCare, Inc.;
Hampton Roads Regional Jail Authority ("HRRJA");
Hampton Roads Regional Jail ("HRRJ" or "the
Jail"); David L. Simons; Eugene Taylor, III; Roderick D.
Madison; Felicia Cowan; Christopher Gibbs; William Hilliard;
Robert Keister; Joseph Powell; David Smith; Joseph Johnson;
Tamara Everette; Stephen Phillips; Dale Barnes; Stephano
Blakely; Sylvester Bourne; Derrick Brown; Doncosta Butcher;
Curtis Dixon; William A. Epperson; Robert Whitaker; Steven W.
Whitehead; Reginald Whitehead; Debra K. Ferguson; Gail Hart;
and Kelly Boyd (all of the foregoing are collectively
referred to herein as the "Defendants"), by
counsel, and, pursuant to Virginia Code § 8.01-55 and
Fed.R.Civ.P. 41, upon Plaintiffs (and, previously,
Defendants') motions for approval of wrongful-death
settlement, and upon notice to the statutory beneficiaries,
Plaintiff moved for approval of the wrongful-death
appearing to the Court that the matters agreed upon by the
parties as set forth herein be, and the same hereby are,
ratified, approved, and confirmed.
it appearing to the Court that:
parties required by law to be convened are convened or are
deemed convened by their signatures to this Order or by
written notice of the hearing.
on August 19, 2015, 24-year-old Mr. Mitchell was pronounced
dead by EMS while a detainee at Hampton Roads Regional Jail
Plaintiff Roxanne Adams is the aunt of the Decedent, Mr.
Mitchell. Plaintiff is, and was at all relevant times, a
resident of the Commonwealth of Virginia. On October 19,
2015, Plaintiff duly qualified as Administrator of the Estate
of Jamycheal M. Mitchell, Deceased, in the Circuit Court of
City of Portsmouth, under the provisions of Virginia Code
Plaintiff filed the above-captioned wrongful-death action
asserting claims pursuant to 42 U.S.C. § 1983, as well
as state law claims.
the Defendants expressed their intentions to defend all
claims asserted by Plaintiff.
nevertheless, the Defendants, without admitting any
liability, but distinctly denying such, have offered to
compromise the claims of Plaintiff arising out of the death
of Mr. Mitchell. Defendants have agreed to collectively pay
and Plaintiff Roxanne Adams, Administrator of the Estate of
Jamycheal M. Mitchell, Deceased, has agreed to accept,
contingent upon Court ...