Lawsuit: Inmate “Brutalized” By Guards And Denied Treatment
A lawsuit filed against the Ohio Department of Corrections alleges that a man was “brutalized” after guards attempted to remove him from his cell. After he sustained injuries, nurses at the prison are alleged to have denied the man substantive treatment. This has resulted in the family of the man filing a lawsuit against the Ohio DoC. Lawsuits such as these are becoming much more common (and winnable) as corruption and brutality among law enforcement officers continue to be a major headline.
Part of the problem for the family and their personal injury attorney is that prisoners do not make sympathetic plaintiffs. Nonetheless, the Ohio DoC, just like every DoC has a duty of care to ensure the safety and basic needs of every inmate. That duty does not disappear just because the convict is a convicted rapist or something else equally heinous.
An investigation determined that the guards used inappropriate force to restrain the inmate, should have allowed the inmate to cool down for a minute and that they knew from experience that the inmate had a propensity to “act out”.
Two allegations in one wrongful death
There are two specific allegations being made against the DoC in this lawsuit. Firstly, the guards used inappropriately excessive force. Second, the onsite medical staff is accused of offering the injured prisoner only minimal and ineffective medical treatment as he was dying. It is unclear, however, what the official cause of death was or what medical intervention could have been offered to prevent the death.
Typically, prisoners don’t sue over guard beatings. The guards generally claim that the prisoner was threatening them and they had to intervene using physical force. Since that is acceptable under the law, prisoners don’t have much room to file lawsuits against guards. On the other hand, when a prisoner is beaten to death or denied life-saving medical treatment, the families often file lawsuits against the DoC or the private medical contracting company that is providing services to the prison. Those are two separate claims, however.
An investigation has revealed that the guards used excessive and inappropriate force, meaning that the DoC is likely liable for the man’s death. The family would be able to file a lawsuit against the DoC and recover the statutory limit in claims filed against the government. In addition, the family could file a separate medical malpractice lawsuit against the medical service provider for failing to render aid they were contractually obligated to render under the terms of their contract and the state’s statutory obligations to the prison population.
Problematically, however, the prisoner was serving a 15- to 150-year sentence on rape charges. So, he will not be a sympathetic plaintiff.
Talk to Miami Personal Injury Attorney Today
Lawsuits against prisons and the medical service providers that provide prisoner health care are becoming increasingly common. If your loved one has been injured or killed due to negligent medical services in a state institution, we can help you file suit and recover damages. Call the Miami personal injury attorneys at Payer Law today to learn more about how we can help.