The Hamilton County Sheriff’s Office reached a $100,000 settlement with the family of a woman who was allegedly coerced into being baptized during a traffic stop by a former deputy.
Hamilton County commissioners are expected to approve the payout Wednesday to Shandle Riley’s family, county attorneys said Monday at Chattanooga’s Joel W. Solomon Federal Building and Courthouse.
Former Deputy Daniel Wilkey allegedly baptized Riley during a February 2019 traffic stop.
The settlement will also resolve Riley’s claims against Wilkey, once finalized. The agreement has not been made public, but typically, the county does not accept responsibility for allegations as part of the settlement.
Riley brought the lawsuit, but she died while it was making its way through the courts. Her daughter, Bailey White, took it over.
If the settlement is approved by the county, White’s attorneys will be paid $50,000. White will walk away with $25,000, and Riley’s 14-year-old son will have $25,000 placed in a trust for him until he turns 18.
The possibility of winning a verdict against Wilkey and getting additional compensation was not worth the risk of Riley’s family walking away with nothing after a nearly five-year legal battle, White’s attorney, Andrew Clarke, said in federal court.
A 75-year-old woman who has custody of Riley’s 14-year-old son was called to the stand. She said she did not want to have the teenage boy continue to deal with this lawsuit while attending high school.
She said she is on Social Security and plans to use the $25,000 to help Riley’s son obtain everyday essentials and possibly a car when he is old enough.
“Hopefully, I’ll live long enough for him to finish out school,” she said.
The county offered the settlement, which was its maximum liability payout based on state law, on Friday night; the jury trial was scheduled to start Monday.
(READ MORE: Jury finds in favor of former Hamilton County deputy in lawsuit)
LIKE NO OTHER
Wilkey stopped Riley because he suspected the window tint on her car was too dark, and by the end of the encounter, Wilkey was baptizing Riley in a nearby lake, a federal appeals court opinion states.
“This case arises from a traffic stop that ended like no other of which we are aware,” the opinion states.
During the February 2019 traffic stop, Riley admitted she had a marijuana roach in her car.
Wilkey asked her to step out of her car, briefly searched her and placed her in handcuffs, the opinion states.
They began discussing religion during their interaction, and Wilkey asked Riley if she wanted to be baptized.
Riley allegedly expressed some hesitation but, according to her testimony, she agreed, the opinion states.
Wilkey allegedly said he would only write her a citation and speak on her behalf in court if she agreed, the opinion states, rather than arresting and jailing her.
They drove separately to a nearby lake, where Wilkey baptized her, the opinion states.
Riley later accused Wilkey of violating her First Amendment right to be free from religious coercion and her Fourth Amendment right against unreasonable seizures.
Around the same time Riley’s lawsuit was filed, Wilkey was criminally indicted by a Hamilton County grand jury in connection with this incident and others.
The 44-count indictment addressed crimes allegedly committed against four different people.
Wilkey’s charges included rape, official oppression, assault, false imprisonment, reckless endangerment and reckless driving.
Last year, all of them were ultimately dismissed after files in his case went missing.
(READ MORE: Former Hamilton County Deputy Wilkey appeals federal judge’s decision)
OTHER CASES
Hamilton County officials and Wilkey are facing another federal trial scheduled to start Aug. 5.
In that case, Wilkey is accused of doing a roadside cavity search on James Mitchell. Mitchell allegedly had marijuana on him during a 2019 traffic stop in Soddy-Daisy.
Wilkey is accused of putting on gloves and smacking Mitchell’s buttocks before pulling a plastic baggie with drug residue from it. Mitchell later sought treatment for a possible anal tear.
He sued Wilkey and his employer, Hamilton County, for using excessive force and subjecting him to an unreasonable roadside strip search.
There was no discussion Monday of a last-minute settlement in Mitchell’s case.
Earlier this month, Wilkey and the sheriff’s office were found not responsible in a civil lawsuit alleging he unlawfully touched a man’s genitals during a traffic stop.
Maxwell Jarnagin alleged Wilkey inappropriately touching his genitals without consent during a 2019 traffic stop.
“The fondling of Jarnagin’s genitals served no recognized police policy,” the complaint said.
A Hamilton County Circuit Court jury deliberated July 10 for less than 30 minutes before returning the verdict in favor of the sheriff’s office.
Contact Sofia Saric at ssaric@timesfreepress.com or 423-757-6476.