County Makes Quick $4,000 Settlement With Juror Jailed by Mistake

In a quick and unusual cash settlement of a case that could have led to a costly lawsuit, Orange County has paid $4,000 to an Irvine man who was jailed for 19 1/2 hours after being arrested for missing jury duty.

The arrest was a mistake, county officials said, because the juror had been excused from serving.

But when a clerk mistakenly kept Jackson’s juror’s card and called his name the day after he had been excused, Superior Court Judge Ragnar R. Engebretsen issued a warrant to arrest the missing juror, Robert Jackson, 32.

That was on Feb. 11. On Friday, Feb. 21, Jackson was arrested at his home and spent the night in jail. A friend later posted bond and he was released Saturday.

A week later, a claims adjuster hired by the county--with the understanding it was a “rush” assignment--visited Jackson at his home, even though no claim had been filed.

County Acted Fast

John Oskins, county claims manager, said the county acted fast to prevent a lawsuit from being filed.

Oskins said his philosophy regarding claims is that the county must weigh the possibility of litigation expenses. “You shouldn’t just put your head in the sand,” he said.

The adjuster, Sam Boyer, told the county that although Jackson intended to consult an attorney, it would be in the county’s interest to win a speedy settlement because Jackson’s demeanor and physical characteristics were such that if he filed a lawsuit against the county, he “would generate sympathy from a jury.”

They agreed on the $4,000 figure after Jackson rejected Boyer’s initial $2,500 offer. When he did file a claim, Jackson alleged that he suffered humiliation and mental distress because of the arrest and jailing. Judge Engebretsen has already granted Jackson’s request to erase the arrest record.

Unusual Case

Boyer described Jackson as “most pleasant, soft spoken, (with an) above-average intelligence.”

The county’s Oskins said the case was one of the most unusual he could remember.

“Through the years we’ve had claims regarding warrants issued in error, or some that were based on false or wrong physical descriptions,” Oskins said. “But this is the first in the seven years that I’ve been here involving this particular scenario.”

Jackson had been excused Feb. 10 by Engebretsen from serving as a juror in a criminal trial because his job prevented him from serving the estimated length of time for the trial.

Jackson could not be reached for comment Thursday.