 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Harrison v. Natchitoches Parish Sheriff's Dep't12/15/2004
AFFIRMED.
STATEMENT OF THE CASE
On October 9, 1999, Spencer Hymes, while incarcerated in the Natchitoches Parish Detention Center, was severely beaten by another inmate, Jerry "Lou" Johnson. Several months after this beating, Spencer Hymes died as a result of the injuries he sustained during the incident. Peggy Harrison and Raymond Hymes filed a wrongful death and survival action on behalf of their son, Spencer Hymes, against the Natchitoches Parish Sheriff's Department, Boyd B. Durr, the former Natchitoches Parish Sheriff, Victor Jones, the current Natchitoches Parish Sheriff, John Doe and Jerry "Lou" Johnson.
The facts indicate on the evening of October 8, 1999, Jerry Johnson was placed in lockdown for standing in front of a window in his underwear. When confronted, Johnson cursed the law enforcement officers. Backup was called for and Sgt. Williams and Officer Robinson escorted Johnson to lockdown. At approximately 2:15 a.m. Spencer Hymes was also sent to lockdown for being in an unauthorized area and for alleged aggravated disobedience. Hymes was placed in the cell with Johnson. While Hymes was sleeping, Johnson began to severely beat him about the head with his foot. Johnson stated: " hat morning we started arguing with each other and then when he went to sleep my mind just clicked and I just woke up and started stumping him in the head. . . . I kept on stumping him and then he started spitting blood out the mouth. Then I beat on the door. I called for Ms. Joseph, told her he was having a seizure." Johnson eventually pled guilty to manslaughter.
The Plaintiffs allege Spencer Hymes' death was caused by the intentional acts of Johnson and by the negligence and recklessness of the Natchitoches Parish Sheriff's Department in failing to prevent the beating, failing to train employees to prevent such beatings, failing to supervise, and failing to act reasonably under the circumstances. Plaintiffs contend the Natchitoches Parish Sheriff's Department had reasonable cause to anticipate Hymes would suffer harm because of the violent and volatile nature of Jerry Johnson; and it failed to use reasonable care to prevent the harm. The Defendants moved for Summary Judgment. The trial court granted Defendants' Motion for Summary Judgment and dismissed the Plaintiffs' petition. For the reasons assigned below, we affirm the decision of the trial court.
LAW AND DISCUSSION
Two Louisiana Supreme Court cases, Parker v. State, 282 So.2d 483 (La.1983) and Jackson v. Phelps, 95-2294 (La. 4/8/96), 672 So.2d 665, discuss the applicable burden of proof to establish a penal institution is negligent in protecting inmates. In Parker, the plaintiff, George Parker, an inmate in the Louisiana State Penitentiary, was stabbed by Edmonson, another inmate, while in his bunk asleep. Edmonson had a history of violence during his prison stay. Prior to stabbing Parker, Edmonson was involved in three other incidents where he cut or struck another inmate using a weapon. Edmonson threatened Parker, and Parker stated he reported the threats to prison officials. The supreme court affirmed a dismissal of the complaint, stating:
The applicable rule has been frequently stated. A penal institution is not an insurer of an inmate against attacks by other inmates. The standard is that of reasonable or ordinary care. The majority rule is that in order to hold the penal authorities liable for an injury inflicted upon an inmate by another inmate, the authorities must know or have reason to anticipate that harm will ensue and fail to use reasonable care in preventing the harm.
The record in the present case supports a finding that the penal authorities received
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|