Facts

In 2004, plaintiff Arjang Dante Panah was sentenced to prison for drug-related offenses. He was originally incarcerated in New York but was transferred to the Taft Correctional Institution in Kern County in March 2005.

While in Taft, Plaintiff contracted an incurable and potentially fatal disease, Coccidiodomycosis, also known as Valley Fever. A fungus found in soil, particularly in the southwestern United States, causes the disease.

Despite Plaintiff's constant fight against the disease, Plaintiff was able to earn both a masters and Ph.D. while in prison. He was released in 2008. During his incarceration and since his release, Plaintiff has continued to suffer debilitating symptoms.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant breached its duty under 18 U.S.C. 4042 to provide suitable housing to inmates and its duty, as owner of the land--and under a theory of premises liability--to warn and protect inmates from known harms.

DEFENDANT'S CONTENTIONS:
Defendant contended that the Court lacked jurisdiction as the issue fell within the Discretionary Function exception to the FTCA; that it could not be liable as another entity operated by the facility; the USA was not liable for the conduct of independent contractors; that reasonable preventive measures were taken; and that Plaintiff did not mitigate damages.

Result

Thirteen days prior to trial, the parties arrived at a settlement of $425,000. There was no acknowledgement of wrongdoing by Defendant.

Other Information

In August 2011, summary judgment had been denied early on by Hon. Gary A. Feess as to the issue of jurisdiction and the application of the Discretionary Function exception. FILING DATE: Sept. 9, 2009.