Published August 20, 2024 · Settlements

For nearly four years, the family of Casey Goodson Jr. has waited for answers about his death. On July 30, 2024, part of that wait ended. As reported by The Columbus Dispatch, the Franklin County Board of Commissioners unanimously approved a $7 million settlement of the family's civil claims, even though the criminal case against the former deputy who shot him is still unresolved.

For families in the Dayton area who have lost someone in an encounter with law enforcement, or in any death that is also the subject of a criminal prosecution, this settlement raises questions worth understanding.

What was reported

According to the Dispatch, Casey Goodson Jr., 23, was fatally shot on December 4, 2020, by Jason Meade, then a Franklin County sheriff's deputy who was working with a federal fugitive task force. The shooting happened as Mr. Goodson entered the side door of his grandmother's home. Mr. Meade testified at his criminal trial that he fired after Mr. Goodson pointed a gun at him.

The settlement, paid from the county's general fund, dismisses all civil claims by Mr. Goodson's family without any admission of liability. The family's attorney, Sean Walton, said his clients had "endured immense pain and hardship."

The criminal case is not over. The Dispatch reported that Mr. Meade's murder trial ended in a mistrial earlier this year when the jury could not agree on a verdict, and that special prosecutors plan to retry him on murder and reckless homicide charges.

A civil case and a criminal case are separate

Families are sometimes surprised that a civil case can be resolved while criminal charges are still pending. The two cases have different purposes:

  • The criminal case is brought by the state. Its purpose is to decide whether a person committed a crime and should be punished. The prosecutor must prove guilt beyond a reasonable doubt.
  • The civil wrongful death case is brought on behalf of the family. Its purpose is to compensate the family for its losses. The family's burden of proof is lower than in a criminal case.

Because the two cases are separate, a settlement of the civil claims does not decide whether anyone committed a crime, and a criminal acquittal or mistrial does not by itself defeat a civil claim. Our guide chapter on criminal and civil cases explains how the two fit together and what rights families have in each.

Why a family might settle before the criminal case ends

Every family's decision is personal, and we do not know the reasons behind this one. In general, though, families weigh considerations like these:

  • Certainty. A settlement removes the risk of losing at trial or on appeal.
  • Time. Civil cases against public entities can involve years of motions and appeals. We explained some of the reasons in our post on how long a wrongful death case takes.
  • Privacy and peace. A settlement can spare family members from testifying about painful events in a civil trial, in addition to any testimony in the criminal case.
  • No admission of fault. Most settlements, including this one, say the defendant does not admit liability. That can be hard to accept, but it is a standard term and does not change the facts.

Claims involving police and other public employees

Cases arising from the actions of a sheriff's deputy or police officer follow special rules. Under Ohio law, counties, cities, and other political subdivisions are generally immune from liability, subject to specific exceptions written into the statute. R.C. 2744.02(A)(1). Individual public employees are also generally immune, unless, for example, they acted with malicious purpose, in bad faith, or in a wanton or reckless manner. R.C. 2744.03(A)(6). Depending on the facts, federal civil rights law may also provide a separate path to recovery.

These cases require careful early investigation: body camera and dash camera video, radio traffic, use-of-force reports, training records, and witness statements. Our page on government and police wrongful death cases explains more.

What happens to a settlement like this in Ohio

When a wrongful death claim settles in Ohio, the money does not simply go to whoever signed the agreement. The case is brought by the personal representative of the estate for the benefit of the surviving spouse, children, parents, and other next of kin. R.C. 2125.02(A). The personal representative may settle only with the consent of the probate court that appointed him or her. R.C. 2125.02(E). The court then oversees how the proceeds are divided among the beneficiaries. R.C. 2125.03(A)(1).

That approval process protects the family, especially children, but it also means a settlement is not final until the court signs off. Our probate guide chapter on approving a settlement walks through the hearing, and our guide explains how cases are resolved more generally.

What families can take from this

  • You do not have to wait for the criminal case to talk to a lawyer. The civil deadline keeps running regardless of what happens in criminal court.
  • Preserve evidence early. Video and records can be lost or overwritten. A civil lawyer can send preservation requests while the criminal case is pending.
  • Ask questions about every option. Settlement, trial, and timing are the family's decisions to make, with clear advice about the risks of each.

This article is general information about Ohio law, not legal advice about your situation. Reading it does not create an attorney-client relationship. Deadlines and rules change; talk to a lawyer about your family's situation.