Confidential
Settlement – $140,000Facts
This case involved two suits - a Bivens action and a Federal Tort Claims Act case. The plaintiff was
incarcerated at the U.S. Correctional Institute at Lompoc. On Aug. 7, 1998, he was denied his turn at the
shower by a prison officer who used a racial epitaph in denying the plaintiff's request. The plaintiff and the
officer exchanged words and the officer told the plaintiff he would remember the exchange the next time the
plaintiff was handcuffed.
Shortly thereafter, when being removed from his cell and after being handcuffed by two other officers, the
plaintiff claimed the officer attempted to assault the plaintiff. Despite one of the other officers pulling the
plaintiff away, the officer continued to fight the plaintiff. The officer punched the plaintiff twice in the face and
broke his hand against the wall when he attempted to hit the plaintiff for the third time and the plaintiff
ducked.
The plaintiff was immediately placed in four-point restraints and left helpless in his cell. During the next four
days, the plaintiff was subjected to verbal taunting by staff because of his altercation with the officer.
According to the plaintiff, he was not permitted to use the bathroom, nor was he given a blanket or sheet for
the first two days. The plaintiff claimed he was continually subjected to mistreatment while in four-point
restraints and was not released until Aug. 12, five days later.
Injuries
The plaintiff suffered pain and physical injuries including a permanent lump on his forehead. He suffered severe emotional and mental distress, fear, anxiety, humiliation and loss of his sense of dignity.
Other Information
The parties ultimately settled for $70,000 as to the Federal Torts Claim Act case and $70,000 as to the Bevins case.
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