Pacific County faces millions in tort claims alleging a variety of mistakes and misdeeds.

SOUTH BEND — Pacific County faces $17.6 million in assorted tort claims by individuals claiming breach of civil duties, personal injuries and various other acts or omissions.

The majority of claims center around two things — a convicted sex offender allegedly being deprived of civil rights, and individuals seeking financial relief for the death of a mother who died in the Pacific County Jail.

The county does not comment on pending litigation. Even if claims are eventually settled or found to be valid in court, local taxpayers aren’t necessarily on the hook for payments, since the county participates in a government “risk pool” that acts as a form of insurance.

Jail death claims

Crystal R. Greenler was found unresponsive in her jail cell around 8:31 a.m. on Dec. 13, 2022, and was last seen alive the night before. An autopsy conducted by the Cowlitz County Coroner’s Office revealed that her cause of death was “extreme right-side pneumonia.”

Details around the circumstances of Greenler’s death have been previously reported by the Observer, including former corrections deputy Patricia Rojas skipping her cell multiple times during mandatory checks, falling asleep on shift and falsifying records to make it appear she performed her duties that night.

According to records provided to the Observer by an anonymous source, Greenler failed to go to a window for medications at 6:03 a.m. and wasn’t found for another 2 hours and 28 minutes at 8:31 a.m.

Rojas was charged with two felony counts associated with the incident. She later pleaded guilty to a lesser misdemeanor charge with a stipulation she voluntarily turn over her corrections office certification.

Family members of Greenler, including her husband at the time, Allen T. Greenler, have submitted tort claims for her in-custody death. Allen filed a claim on Dec. 6, 2023, amended on Jan. 4, 2024, seeking $5 million. He is represented by Buri Funston Mumford & Furlong PLLC.

Greenler was arrested on Dec. 10, 2022, after a domestic violence incident involving her and Allen was reported at their residence in Raymond. It allegedly began over a drug pipe being found in her purse and Allen confronting her. Allen alleged she became violent, and he was concerned she was going to hurt herself. She faced a charge of fourth-degree assault-domestic violence.

Additional claims

Greenler’s youngest child now lives with one of her mother’s closest friends, who won custody of the child following Greenler’s death. The friend is seeking money to help the child have a good chance at life.

According to the claim filed Jan. 24, the friend is seeking $1,150,000 for the child. The claim is being pursued by Eric D. Pilon of Budd Bay Law.

Another child of Greenler’s, who is an adult and lives in Alaska, is also seeking damages in the amount of $300,000 due to being deprived of ever seeing her mother again. The two were reportedly close. She is also represented by Pilon.

“As an adult, she was not dependent on Crystal for economic support, so there is no claim on her behalf for economic damages,” Pilon states in the claim. “However, she had a unique relationship with her mother, and the negligence of Pacific County’s employees and agents ended a relationship that would have likely lasted another 40 years or so and developed and matured as [her daughter] lived life as an adult woman.”

Allegedly deprived of civil rights

Two claims have been filed with Pacific County alleging that now-convicted sex offender Ronald B. Barton was deprived of his Fourth, Fifth, Sixth, Eighth, Ninth, 13th and 14th Amendment constitutional rights during his arrest and throughout the judicial process culminating in his conviction of sex crimes.

The man was convicted on Feb. 3, 2022, of three counts of second-degree rape of a teenager. He was sentenced on March 11, 2022, to life in prison with any potential release determined by an indeterminate board that would decide his behavioral appropriateness for reentry into society.

According to public records, including handwritten documents, two individuals identified as Judy A. Danielson and Sandie K. Carman submitted mirroring claims dated Oct. 10, 2023, and Oct. 17, 2023, each seeking $5 million.

“The State of Washington divested itself of competent jurisdiction and acted without the authority of the U.S. Constitutional laws…” a portion of the filing states.

The filing is hard to read and interpret, as well as the allegations against the state and any possible merits to the claims. What is discernible is that the claim alleges Barton was deprived of his rights of due process, equal rights, and the right to remain silent and that he was prejudiced.

It also alleges he was “placed in the position of a guilty plea to avoid a life sentence,” although Barton’s conviction came from a jury trial.

According to court records, Barton appealed his conviction to the Washington State Court of Appeals Division II, which issued an opinion on the matter on June 27, 2023, and was filed in Pacific Count on Jan. 22, 2024, upholding his convictions.

Healthcare management

The family of Thomas A. Shotwell has filed a claim against the county alleging that he sustained improper diabetes management while he was held in the Pacific County Jail. He was convicted Oct. 18, 2023, of second-degree murder of his brother, and he was sentenced on Oct. 27 to 183 months in prison.

The tort claim asserts that Shotwell, a Type-1 diabetic, was deprived of a necessary insulin pump and accurate readings on a continuous glucose meter while in custody. His diabetes was instead managed with long-lasting and fast-acting insulin administered by syringe, and his meter was kept too far away.

Most of the blame is lodged at then-jail lead Sgt. Corey Flynn and former jail medical lead physician assistant Sherry Franks.

The issues with the healthcare management were documented in multiple judicial hearings and were corrected via a court order by Judge Donald. J. Richter following concerns lofted by defense counsel Nathan Needham and John Henry Browne — signed on Sept. 3, 2021.

The tort claim was filed by Shotwell’s mother, Andrea Shotwell, and further includes allegations that it took weeks to get her son’s blood sugar under control and that the jail failed to ensure insulin was even stocked for his insulin pump.

According to the claim filed on June 14, Andrea is seeking on behalf of Thomas $4,000 for every day that her son was deprived of having an insulin pump while in custody — which totaled 85 days, equating to $340,000.

“Given that Franks PAC admitted to being uncomfortable treating Mr. Shotwell, the Pacific County Jail’s actions are even more egregious,” Andrea states in the claim. “Rather than refer to or follow the hospital records from Legacy Salmon Creek, or let Mr. Shotwell manage his diabetes himself, Franks PAC and Deputy Flynn instead denied access to his necessary medical devices or ignored Mr. Shotwell entirely.”

“Even with Franks being uncomfortable making medical decisions, Pacific County Jail staff did not allow Mr. Shotwell his insulin pump until forced to do so by court order, against the requests of Mr. Shotwell’s counsel and family. This alone would have resolved any dispute. Mr. Shotwell’s time off his insulin pump in the jail could have resulted in his death, and resulted in cruel and unusual punishment, both mental and physically, as a direct result of the jails negligent care,” she added.

Rock quarry wants money

The county was stuck in the middle of a lawsuit filed in the Pacific County Superior Court on Sept. 22, 2022, seeking damages due to the Pacific County Department of Public Works’ ignorance of a “Heckard Road Project.”

The issues come down to the rock sampled for use as Crushed Surface Base Course allegedly failing the “sieve analysis,” which determines the gravel grain size. The analysis was conducted by Materials Testing & Consulting Inc.

The tort claim filed around March 28, 2023, asserts that the quarry did meet specifications, and “acts, errors, and omissions” led to substantial financial losses in connection with the project sampling fiasco.

According to the claim, $800,000 is being sought for the issues, which court records chalked up to “ignorance.”

Chomped on

The remaining current tort claim against the county is regarding a courier who was inside the Pacific County Prosecutor’s Office on March 2, 2022 and was bitten by a dog. The claim was filed on March 21, 2022, and seeks $2,000.