Kevin M. Schilling, on behalf of himself and all others similarly situated v. Transcor America, LLC, et al.
Published: Sep. 8, 2012 | Result Date: Aug. 8, 2012 | Filing Date: Jan. 1, 1900 |Case number: 3:08-cv-00941-SI Settlement – Defense
Court
USDC Northern
Attorneys
Plaintiff
Andrew C. Schwartz
(Casper, Meadows, Schwartz & Cook)
Mark E. Merin
(Law Office of Mark E. Merin)
Karen L. Snell
(Karen L. Snell, Attorney at Law)
Defendant
Daniel P. Struck
(Struck, Love, Bojanowski & Acedo, PLC)
Facts
Plaintiffs, incarcerated inmates, contended that they were transported in vehicles for periods of more than 24 hours while in restraints. Plaintiffs brought a class action suit against Defendants, alleging that Defendants' method of transportation violated their constitutional rights and amounted to cruel and unusual punishment because it deprived Plaintiffs of sleep and toilet access.
Contentions
DEFENDANTS' CONTENTIONS:
Defendants alleged that Plaintiffs' rights were not violated, as the transporters were equipped with leather seats, flat screen televisions and on-board toilet facilities. Defendants alleged prisoners were fed three times a day at various fast food restaurants, which Defendants alleged prisoners enjoyed when compared to the prison fare they were used to eating. Defendants further alleged they made every effort to ensure that the prisoners' restraints were comfortable, their medical needs were met, and that they arrived at their destinations as quickly as was practicable.
Result
Defendants' motion for summary judgment granted as to the class claims.
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