How can Erie County pay $95 million award in Richard Metcalf case?

BUFFALO, N.Y. (WIVB) – A massive award in compensatory damages has been granted to a local family, whose son died after being in the Erie County Holding Center over a decade ago.

At least $95 million in damages has been awarded by a jury to the family of Richard Metcalf, Jr.
but now Erie County has to find a way to pay that money.

This is the largest civil judgment against Erie County ever. But, that $95 million dollar figure determined by a jury, could change.

Twelve years ago, Metcalf had been an inmate in the holding center after his arrest in Depew for a burglary. A jury in a civil case has found Erie County and five deputies liable for using excessive force before his death — awarding the at least $95 million in damages.

“We were very surprised with the award $95 million dollars. That’s a lot of money,” said Erie County Comptroller Kevin Hardwick.

Hardwick and his office are now tasked with reviewing the options on how Erie County may have to pay out millions of dollars to the Metcalf family.

“Certainly, $95 million in and of itself is a huge chunk of change and it’s going to present some difficulty for us dealing with that now again, we’re hopeful that on appeal that $95 million will be reduced substantially, but we’ll just have to wait to see what happens,” Hardwick said.

The options to pay for the award include dipping into savings, using what’s known as a judgment bond and possibly a tax hike.

“But, I’m not sure I want to raise taxes by 29 percent to cover this,” Hardwick said.

The jury in the Metcalf case will return to the courtroom on April 30 for a hearing on punitive damages. Then, Erie County can appeal if any punitive damages are awarded, so this case is still not over. No criminal charges were ever filed in the death of Richard Metcalf.