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Civil Rights
Prisoners' Rights
42 USC Section 1983

James Godoy v. T. Wadsworth, Jean S. Woodford, Scott Freeman, P. Gelinas, J. Bachmann, J. Allman, Mark Castellaw, J. McKinney, M. Moore, T. L. Nelson, K. Osborne, L. Polk Jr., N. Navarro, Warden Joe McGrath, S. Wheeler, California Department of Corrections and Rehabilitation, Everett D. Allen, M.D.

Published: May 8, 2010 | Result Date: Feb. 1, 2010 | Filing Date: Jan. 1, 1900 |

Case number: C05-2913 NJV Verdict –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Herman A.K. Franck

Elizabeth Vogel


Defendant

Dolores M. Donohoe

Timothy P. Murphy
(Edrington, Schirmer & Murphy LLP)


Experts

Defendant

David Tristan
(technical)

Facts

In 2005, plaintiff James Godoy, who was an inmate at Pelican Bay State Prison, filed an action against defendants Director of Corrections Jean Woodford, Correctional Officers T. Wadsworth, S. Freeman, P. Gelinas, J. Bachman, J. Allman, M. Moore. N. Navarro, Chief Deputy Warden Mark Castellaw, Correctional Lieutenant T.L. Nelson, Correctional Sergeant K. Osbore, Associate Warden L. Polk, Warden Joe McGrath, S. Wheeler, and Chief Medical Officer Everett Allen. Godoy's claims included violations of 42 U.S.C. Section 1983 for cruel and unusual punishment, excessive force, Eighth Amendment violations for deprivation of medical care, and due process violations, arising out of an incident that occurred on Dec. 21, 2003.

Contentions

PLAINTIFF'S CONTENTIONS:
Godoy alleged that Wadsworth hit him on the head and upper body with a baton because he did not return to his cell when Wadsworth told him to return. When other inmates attempted to help Godoy, other officers shot non-lethal rubber rounds at the inmates. He also claimed that officers failed to intervene and that he was not given pain medication at the prison infirmary prior to being taken to a hospital.

DEFENDANT'S CONTENTIONS:
Defendants asserted that Godoy attacked Wadsworth, which prompted Wadsworth to draw his baton in defense. When another officer attempted to assist Wadsworth, other inmates began attacking the officers.

Settlement Discussions

Godoy demanded $400,000 and the defense made no offer.

Damages

Godoy sought $1 million.

Injuries

Godoy suffered blunt force trauma to the head, a head injury, lacerations, the loss of an eye, and emotional distress.

Result

The jury found in favor of the defense.

Deliberation

half day

Poll

8-0

Length

two weeks


#120300

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