Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 06-18-2024
Case Style:
Case Number: 1:23-cv-01744
Judge: Gordon P. Gallagher
Court: United States District Court for the District of Colorado (Denver, County)
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Denver, Colorado civil rights lawyer represented the Plaintiff who sued on a prison condition Civil Rights Act law theory.
The inmate, Keith Gibson, was not supposed to be housed in an upper-level cell because of the risks associated with a potential seizure. However, deputies placed him in a third-floor cell, and Gibson had a seizure in July 2014. During the seizure Gibson careened over a stair rail and fell 10 to 12 feet onto a concrete floor.
Prison officials have a legal duty under the Eighth Amendment of the Constitution to refrain from using excessive force and to protect prisoners from assault by other prisoners. Officers may not use force maliciously or sadistically with intent to cause harm, but they may use force in good faith efforts to keep order.
See: 42 U.S.C. 1983
Outcome: Settled for $65,000.00.
Plaintiff's Experts:
Defendant's Experts:
Comments: