SEPT. 12, 2017
ASHLAND, KY. — A conference call designed to allow both parties in the Billy Joseph Collins federal lawsuit against members of the Louisa Police Dept. and the Lawrence Co. Sheriff’s Dept. as well as the city of Louisa and Lawrence County over the death of Billy Collins, Jr. was scheduled for today (Sept. 12, 2017) at noon.
No word has come out concerning whether or not a settlement was reached in the highly controversial case. Louisa attorney Eldred “Bud” Adams said this afternoon that he has been out of town all day and has not heard any news concerning the settlement conference.
The Lazer staff will post news concerning the settlement conference as soon as information is made available.
U.S. District judge Henry Wilhoit agreed last month to extend the time before a pre-trial conference is set to get underway to give the parties an opportunity to settle the case. The trial was set to begin on August 28, but Wilhoit extended it to Sept. 18.
He then ordered a conference call on Sept. 6 and another one for today in U.S. Magistrate Judge Edward B. Adkins’ court. The Louisa City Council voted last month unanimously in executive session to give its insurance carrier’s attorneys the leeway to settle the case.
There have been 98 motions made to the court by attorneys on both sides of the case in which Billy Joseph Collins, the son of Billy Collins, Jr. alleges that officers from the local police and sheriff’s dept. “beat his father to death” during an attempted arrest on May 29, 2015.
Many of those motions are to be ruled on at the pre-trial hearing Sept. 18 if no settlement is made today. Motions to dismiss and motions for summary judgement have been made by several of the defendants. The court record shows that the Lawrence Co. Sheriff’s Office and Lawrence County have been terminated from the case, but Sheriff Garrett Roberts is still being sued individually.
Much of the evidence has centered around a video taken by arresting officer Steven Wilburn from his body cam which shows Collins being tased several times and beaten with fists and an ASP device by policemen and deputies including Wilburn, Louisa policeman Jordan Miller, officers Keefer and Wilhite.
See video HERE
You can see details of the case from an earlier Lazer story HERE
Here is a copy of the order for today’s settlement conference:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
ASHLAND
BILLY JOSEPH COLLINS, Administrator
of the Estate of Billy Collins, Jr., PLAINTIFF,
v. ORDER
STEPHEN WILBURN, et al., DEFENDANTS.
* * * * * * * * *
Upon counsel for the parties notifying chambers via telephone that they would like to schedule a settlement conference in this matter, the Court held a telephonic conference in this matter on Wednesday, September 6, 2017. Present on behalf of the Plaintiff was Michael Curtis, Esq. On
behalf of the Defendants, Chris J. Gadansky, Esq., and Jonathan C. Shaw, Esq., appeared. In consultation with counsel during the telephone call,
IT IS ORDERED AS FOLLOWS:
(1) A Settlement Conference before the undersigned is scheduled for TUESDAY, SEPTEMBER 12, 2017, at the hour of 12:00 p.m, in the United States Courthouse, Ashland, Kentucky;
(2) Counsel are directed to have their respective clients and/or representatives, fully authorized to negotiate and approve a settlement in this matter, available at such conference;
(3) By no later than FRIDAY, SEPTEMBER 8, 2016, counsel MAY submit to the undersigned separate, confidential statements which shall specify their respective settlement positions. Statements are to be furnished only to Magistrate Judge Atkins and not to the other side.
The statements shall not be filed with the Clerk of the Court or the presiding judge. Said statements shall be transmitted by email (atkins_chambers@kyed.uscourts.gov).
Signed September 6, 2017
Edward B. Atkins
United States Magistrate Judge
