Leonard Moreno v. Mike Thomas, et al.
Published: Aug. 14, 2010 | Result Date: Sep. 23, 2009 | Filing Date: Jan. 1, 1900 |Case number: CV-05-8137-VBF Settlement – $138,000
Court
USDC Central
Attorneys
Plaintiff
Michelle J. Shvarts
(Disability Advocates Group)
Defendant
Terry A. Barak
(Office of the Attorney General)
Facts
A prisoner sued the California Prison Industry Authority (CalPIA) and the Dept. of Corrections and Rehabilitation (CDCR) for alleged violations of safety policies and Occupational Safety and Health Administration (OSHA) standards that lead to prisoner injuries and related medical costs. The district court denied both of CalPIA's motions to dismiss.
Contentions
PLAINTIFF'S CONTENTIONS:
The prisoner claimed that health conditions resulted from his work in a poor work environment. Specifically, he alleged that state officials were deliberately indifferent to his asthma that was exacerbated by prolonged exposure to toxic chemicals in a detergent plant. He contended that this could have been prevented with proper safety equipment and medical screening, which had been denied despite the prisoner's complaints and request.
Injuries
The prisoner claimed he suffers from permanent lung damage.
Result
The parties settled. CDCR and CalPIA agreed to pay $138,000 in damages for health conditions. They also agreed to review their health and safety policies, including having random pulmonary function tests on inmates at detergent plants, medical pre-screenings before inmates work at the plant, the removal of inmates that fail pulmonary functions tests or reasonable accommodations for such inmates, training, and routine air quality testing.
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