PHOENIX (AP) -- Maricopa County officials said Friday they'll pay $8.25 million to the family of a former BYU football player who died while struggling with jail guards.
The settlement reached with the parents of inmate Scott Norberg, of Mesa, ends the family's $20 million wrongful death lawsuit against the county and Sheriff Joe Arpaio. The suit was filed in early 1997, and a hearing was scheduled for Jan. 25. Norberg was a wide receiver for BYU, lettering in 1984 and 1985.The Norbergs' lawyer, Michael Manning, said the settlement was reached after a day of negotiations Thursday, in San Diego, overseen by former federal judge Lawrence Irving.
He said the settlement would be paid as $6 million cash and a $2.5 million annuity to be paid to Norberg's sons, ages 12 and 13.
Manning said a portion of the settlement would be set aside as a charitable foundation to help orphans and to support drug and alcohol treatment programs.
Norberg, a wide receiver, lettered at Brigham Young University during the 1984 and 1985 seasons and played on the Cougars' national championship team in '84.
Norberg, 35, died in June 1996 of asphyxiation after a struggle with jail employees who were trying to force him into a restraint chair. An autopsy showed he was contorted in such a way that he couldn't breathe.
The sheriff's office had denied any wrongdoing in the death of Norberg. The office said Norberg had a drug- and alcohol-related psychosis that contributed to his death.
The county medical examiner concluded that Norberg's death was the accidental result of "positional asphyxia."
But Manning accused the medical examiner's office of botching the autopsy and participating in a cover-up. Manning said the office destroyed Norberg's larynx.
Paul Lazarus, the lawyer for the sheriff's office, said the settlement did not include any admission of wrongdoing or agreement to change policies or procedures at the jail. The sheriff's office also did not admit intentionally destroying evidence, Lazarus said.
"We certainly had a defense to his (Manning's) allegations," Lazarus said. "There's no admission we destroyed evidence intentionally or withheld evidence intentionally."
Lazarus said the settlement will be paid by the county's insurance company.
Although the settlement does not include an admission of guilt or responsibility, Manning said the Norbergs believe the large payment "inherently includes a statement of responsibility and an apology to them for his death."