State Supreme Court Sides With Grant County in Jail Overdose Case

The Washington Supreme Court has ruled that Grant County can use statutory defenses in a lawsuit over a fatal overdose at the Grant County Jail, even though jail officials have a legal duty to protect people in custody.

Lawsuit Stems From 2018 Jail Overdose Death

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The case stems from the 2018 death of 34-year-old Derek Batton, who died after using heroin that had been smuggled into the jail by another inmate while he was being held in the Ephrata facility on DUI and traffic warrants.

Batton’s family sued Grant County, arguing jail staff were negligent for failing to adequately search the inmate who brought the drugs into the facility.

The lawsuit said jail employees knew drugs were commonly smuggled into the jail and should have taken stronger steps to prevent contraband from entering.

Grant County Argued Legal Immunity Under State Law

The county argued Washington law protects it from the negligence claim because Batton died while committing a felony and while under the influence of drugs.

Both the Grant County Superior Court and the Washington Court of Appeals rejected that argument.

Washington Supreme Court Reverses Lower Courts

But in a 6–3 decision, the state’s high court reversed those rulings. Writing for the majority, Justice Steven González said that while jailers have a well-established duty to protect inmate safety, that duty does not override statutory defenses created under Washington’s tort reform laws.

The court ruled that both the felony defense — which can bar damages if a person was committing a felony that contributed to their injury — and the intoxication defense, which limits recovery when someone is more than 50% responsible due to drug or alcohol use, may apply in the case.

“While the policy implications of this case are grave, they are not ours to decide,” González wrote. “That work falls on the legislature.”

Dissent Warns Decision Weakens Inmate Protections

In dissent, Justice Salvador Mungia warned the ruling weakens protections for people in custody.

“Those who are incarcerated in jails are particularly vulnerable,” Mungia wrote, arguing the decision undermines the heightened duty jailers owe to inmates.

Case Returns to Grant County Superior Court

The case will now return to Grant County Superior Court, where judges will determine whether the defenses apply to Batton’s death.

The inmate who smuggled the heroin into the jail, Jordan D. Tebow, later pleaded guilty to controlled substance homicide and is expected to be released from state prison later this year.