Charles Easter v. CDC, State of California; B. Morris, Captain; L. Panchello, Lieutenant; E. Perez, Correctional Officer
Published: Sep. 28, 2013 | Result Date: Apr. 14, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:2009-cv-00555-CAB-RBB Verdict – Defense
Court
USDC Southern District of California
Attorneys
Plaintiff
Thomas E. Robertson
(Law Offices of Thomas E. Robertson)
Defendant
Susan E. Coleman
(Burke, Williams & Sorensen LLP)
Mitchell A. Wrosch
(Burke, Williams & Sorenson)
Facts
On Aug. 27, 2006, a race riot broke out between black and white inmates at the facility four yard at Richard J. Donovan Correctional Facility. On Nov. 14, another race riot occurred. Charles Easter, an inmate, was stabbed during the riot and sued Captain B. Morris, Lieutenant L. Panchello, Correctional Officer E. Perez, and the California Dept. of Corrections (CDC) for civil rights violations. Panichello and Perez were eventually dismissed from the case.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was initially removed from facility four and segregated from white inmates following his participation in the race riot, but he was subsequently returned to facility four despite informing the captain that he did not feel safe in that facility. Then, shortly after his return to the facility, he was stabbed during another race riot that broke out. Plaintiff contended that defendant Morris deliberately interfered with his safety in violation of his Eighth Amendment right. Plaintiff also contended that the CDC was vicariously liable for the captain's actions.
DEFENDANT'S CONTENTIONS:
Defendant Morris contended that he was not informed of any risk to plaintiff's safety. Defendant also contended that there was no evidence of any identifiable risk to plaintiff's safety prior to the Nov. 14 riot. Moreover, defendant contended that had he been informed of plaintiff's safety risk, that he would have immediately segregated plaintiff.
Damages
Easter sought $25 million in compensatory and punitive damages.
Injuries
Easter suffered from a stab wound in his abdomen during a race riot.
Result
The jury returned a unanimous defense verdict, finding that Morris was not deliberately indifferent to Easter's safety.
Other Information
The trial court appointed plaintiff's counsel under the Pro Bono Panel for the Southern District of California.
Poll
8-0
Length
two days
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