Cary Spivak and Bruce Vielmetti

Milwaukee Journal Sentinel

About $6.675 million is expected to be paid to the estate of Terrill Thomas, the Milwaukee man who died of dehydration in the Milwaukee County Jail after guards deprived him of water in 2016, several sources said Tuesday.

The deal to resolve the federal civil rights suit brought by Thomas' estate is not yet final, the sources said, noting the talks are in their final stages. The proposed settlement calls for the county to pay about $5 million and for Armor Correctional Health Services Inc. to pay between $1.5 million and $2 million. Armor is the company under contract to provide health services to the jail until March 31.

The county settlement is more than double the $2.3 million the City of Milwaukee agreed in 2017 to pay the young son of Dontre Hamilton, who was shot and killed by a Milwaukee police officer in Red Arrow Park.

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"It's the heinousness" of Thomas' death, one source with knowledge of the agreement said in explaining the size of the proposed Thomas settlement.

Thomas, 38, was arrested April 2016 in connection with the shooting of a Milwaukee man and then later opening fire inside the Potawatomi Casino. His family has said they believed he was having a psychotic episode.

When transported to the jail, initial screeners recommended his placement in the special needs unit, based on his physical and mental conditions.

Two days after his arrest, guards saw Thomas acting agitated and stuffing his shirt and pieces of mattress into his toilet so he could flood the cell. Instead of calling mental health providers, a lieutenant transferred Thomas to the segregation unit, where he was put in an isolation cell that had all its bedding removed and its water turned off.

"By April 23 he was too weak to yell or bang on his window. He was simply lying naked on his cell floor, barely able to move, severely dehydrated, literally dying of thirst," according to the lawsuit by the estate.

"The change in Mr. Thomas’ condition was obvious to every jail employee who looked into his cell, including multiple defendants. However, not a single one bothered to call for help until it was too late to save Mr. Thomas’ life," the suit states.

Deprived of water for 6 days

Thomas died late April 23 or early April 24, 2016, a week after being put in isolation. He had lost 34 pounds. He had been deprived of water for six days

Since Thomas' death, at least seven inmates have died in the jail.

David Clarke Jr. was the sheriff overseeing the jail at the time of Thomas' death. The former sheriff was often criticized for downplaying the deaths in the facility and for not releasing information about the deaths. Clarke resigned in 2017 and was replaced by Richard Schmidt, his longtime second in command.

Earnell Lucas was sworn in as sheriff earlier this month after defeating Schmidt in the November election.

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While attorneys were hammering out a resolution of the lawsuit, other lawyers have been trying to determine who would be an heir to the Thomas estate and receive a portion of the settlement.

Portions of the settlement will also be used to pay attorneys involved in the lawsuit and other expenses. Plaintiff lawyers often work on a contingency, meaning they are paid about one-third of the amount won as the result of a verdict or settlement.

Robert Rondini, the court-appointed special administrator in the case, is asking Milwaukee County Circuit Judge Marshall Murray to "discharge the special administrator," court records show. That type of request generally indicates that a settlement of the lawsuit has been resolved, legal sources said.

Rondini and attorneys for the county, Armor and some of Thomas's heirs all declined to comment Tuesday. A spokeswoman for County Executive Chris Abele did not respond to questions about the settlement.

News of the settlement comes just days after James Ramsey-Guy, the former corrections officer at the Milwaukee County Jail, agreed to plead guilty to a misdemeanor charge in connection with Thomas' death. He had been charged with a felony.

Former Lt. Kashka Meadors and former sheriff's Major Nancy Evans were charged in February 2018. An inquest jury in 2017 had recommended charges against seven jail officials, but prosecutors said evidence supported pursuing only the three cases.

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A criminal case also remains pending against Armor Correctional Health Services.