City not admitting guilt in Roe case

The family of Aaron Roe received $90,000 in its settlement with the City of Ironton

A wrongful death lawsuit between the Roe family and the city was settled in February. At the time, attorneys for both the city and the estate of Aaron Roe declined to disclose the amount of the settlement, citing a confidentiality clause in the settlement agreement.

The Tribune filed a request to Mayor Rich Blankenship for the settlement through the Freedom of Information Act. The document was provided this week.

In an email Monday, Ken Harris, attorney for the City of Ironton, again stated that the Roe family wishes that the dollar amount of the settlement remain confidential despite the fact that this would be public information.

The settlement, a four-page document, states that in settling the City of Ironton and its police department are not admitting guilt.

“… (The estate of James Aaron Roe) further acknowledges that the payment of the foregoing sum shall not be construed as an admission of liability and is solely paid to preclude any additional litigation expenses,” the settlement reads in part.

The $90,000 will come from the city’s insurance – the Public Entities Pool.

Finance Director Kristen Martin said Tuesday the city is still in negotiations with the insurance company. She said in March that the city does not anticipate an increase in premium for this year.

“The 2010 premium expiring March 31, 2011, was a little over $79,000 for all coverages (down from $90,000 in 2009) throughout the city (general liability, property, legal, dishonesty, auto liability, public official and police professional liability),” Martin wrote. “Because the city is anticipating a citywide auction and looking extensively at removing assets from its current list that are out of service, we anticipate the premium will have no significant increases for 2011.”

Roe, who was 23, died in 2007 following an incident with police after being at the Fuzzy Duck bar.

His parents, Lois Porter and James Roe, filed the wrongful death lawsuit May 30, 2008, in U.S. District Court. The lawsuit sought $2 million for emotional distress and the loss of Roe.

The lawsuit, which named the City of Ironton, its police department as well as officers Brian Pauley, Stephen Wilson and Mitchell Crum, alleged that on June 2, 2007, Roe was at the bar with his brother, Allen Roe, when Roe bumped into a ceiling fan.

Another bar patron then attempted to start a fight with Roe and officers were called to the scene. Roe fled officers Pauley, Wilson and Crum, who had pointed their Tasers at him, according to the lawsuit.

Roe jumped into the Ohio River to avoid police. The lawsuit also alleged that while Roe was in the water, one of the officers fired his Taser at him, striking him.

The suit alleged further that police officers refused to help Roe or let his brother help him.

The police department and the city denied all these claims.

The man’s body was found in the water the next day.