Confidential
Settlement – $2,000,000Judge
Court
Riverside Superior Indio
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gerry Aster
(technical)
Rebecca Rausch
(medical)
Julianne Ohanna
(medical)
Seth Weingarten
(medical)
Jacob Terner
(medical)
Steven G. Martin
(technical)
Lance T. Martini
(technical)
Joseph Orantes
(technical)
Jonathan I. Macy M.D.
(medical)
James E. Murphy
(technical)
Thomas Rosazza
(technical)
Matthew Ryan
(medical)
Joyce Elaine Pickersgill
(technical)
Leonard N. Matheson M.D.
(technical)
Defendant
W.C. Weiderholt
(medical)
Stuart M. Cohen
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Ted Vavoulis
(technical)
Michael T. Pickett
(technical)
Parker Bell
(technical)
Robert Heaton
(medical)
Eugene J. Wolberg
(technical)
Martin L. Fackler
(medical)
Facts
In 1993, the plaintiff, a 38-year-old part-time carpenter, was an inmate at the Chuckawalla Valley State Prison in Blythe, Calif. On Aug. 28, 1993, a dispute broke out between African-American and Hispanic inmates on the basketball court in the gymnasium area and fighting ensued. A substantial number of inmates allegedly created "weapons of opportunity" from weights, PVC pipe, brooms, sticks, mop handles and other devices. At the outset, only four correctional officers were in the yard, but they called for reinforcements. The guards attempted to contain approximately 75-100 African-American inmates in the gymnasium area and to control approximately 200 Hispanic inmates by moving them into the adjacent yard area. Some of the officers and inmates were injured and a call went out to post weapons. One of the correctional officers fired a Mini-14 rifle into the gymnasium area to control the situation. The parties disputed whether the officer fired four shots at the inmates or fired a warning shot first. The shots that were fired into the gymnasium area were intended to strike an inmate who allegedly was carrying a weapon, but shrapnel from one of the shots ricocheted from the gymnasium floor and struck the plaintiff in the eye and face. It was disputed whether the plaintiff was a participant in the riot, whether he was armed at the time, and whether he was moving about or was down on the gymnasium floor. The parties also disputed whether the officers issued warnings to the inmates to drop weapons and to get down on the ground, and whether or not the inmates were complying with these orders at the time the shots were fired. The plantiff inmate brought this action against the shooting officer, the prison warden and the lieutenant in charge of the yard based on negligence and violation of civil rights theories of recovery.
Settlement Discussions
The plaintiff made an initial settlement demand for $6 million (per the defendants) or $3.5 million (per the plaintiff). The defendants made no initial settlement offers.
Specials in Evidence
in excess of $390,000 (paid by a collateral source) $25,000 per year $1 million
Injuries
The plaintiff alleged he suffered complete loss of his left eye and damage to the right eye resulting in bilateral blindness. The plaintiff also alleged he sustained bilateral frontal lobe damage with resulting hydrocephalus and brain damage.
Other Information
The settlement was reached approximately two years and four months after the case was filed. Three settlement conferences were held before Judge Robert G. Taylor, ultimately resulting in the reported settlement. As part of the settlement, the plaintiff agreed to dismiss all of the defendants except the prison warden and the state agreed to pay the settlement amount on behalf of the warden and to waive any claim to be reimbursed for the medical care previously rendered.
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