Curtis Lee Henderson Sr. v. California Department of Correction and Rehabilitation, Pelican Bay State Prison, J. Peterson, C. Speaker, J.T. Patch, M.D. Bullock, S.L. Thompson, J. McBride, D.A. Christ, G. Kelly, J. Getz, J. Brown, S. Luckett, R. Tupy, M. Cook, K. Cruse, J. Akin, J. Moulton, D. Mandel, S. Wright, et al.
Published: Oct. 22, 2011 | Result Date: Jul. 28, 2011 | Filing Date: Jan. 1, 1900 |Case number: 4:2007-cv-02838 Settlement – $22,500
Court
USDC Northern
Attorneys
Plaintiff
Rachael E. Meny
(Keker, Van Nest & Peters LLP)
Benedict Y. Hur
(Willkie, Farr & Gallagher LLP)
Sharif E. Jacob
(Keker, Van Nest & Peters LLP)
Defendant
Jay C. Russell
(Office of the Attorney General)
Julianne Mossler
(Office of the Attorney General)
Facts
In August 2006, Curtis Henderson was an inmate at Pelican Bay in Del Norte County when he was subject to a routine search by prison guards. During the search, one officer allegedly took an address book out of Henderson's pocket and dropped it, and another allegedly kicked it across the floor. When the search ended, Henderson said he reached for the book, when both guards allegedly clubbed him in the back. He claimed that the guards then beat and pepper sprayed him.
Contentions
PLAINTIFF'S CONTENTIONS:
Henderson filed suit against the guards, alleging excessive force.
DEFENDANTS' CONTENTIONS:
The guards contended that Henderson, who was prone to violence, initiated the confrontation by yelling and waiving his arms after the book was confiscated. The guards further alleged that Henderson ignored orders from the guards to sit, instead heading toward them. The state claimed the guards used reasonable force and Henderson only sustained minor injuries.
Injuries
Henderson claimed to suffer nerve damage, and underwent surgery on both of his arms.
Result
The parties reached a settlement for $22,500.
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