Failure to Protect

For individuals who are in custodial care, such as inmates in prison, the Eighth and Fourteenth Amendments impose legal obligations on the custodial staff to provide them with reasonable protection against known dangers. This may include protection from physical abuse by staff or other inmates, or situations where the individual poses harm to him or herself, or is suicidal.

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Estate of Brown v. Marion County Sheriff Wrongful death lawsuit against the Marion County Arrestee Processing Center for the in-custody death of a male pre-trial detainee who threatened to kill himself and was placed on suicide watch, only to hang himself in his cell when staff failed to monitor him. Policies at the Arrestee Processing Center have changed so that suicidal inmates are identified, tracked and monitored. Settlement for client achieved in 2007.

Kinslow v. Indiana Department of Correction Federal lawsuit on behalf of inmate beaten by another inmate against correctional officer on grounds of deliberate indifference to prisoner's reasonable safety needs, when correctional officers failed to intervene and left inmate vulnerable to attack. Settlement achieved for client in 2009.

Merriweather v. Marion County Sheriff Federal lawsuit brought on behalf of a juvenile inmate who was sexually assaulted by other inmates, contending that jail staff knew the perpetrator was a threat to him and failed to protect him. Settlement achieved for client in 2007.

Sater v. Indiana Department of Correction State court lawsuit brought on behalf of youth who was assaulted by an officer at a juvenile correctional facility, involving claims for battery, negligence, negligent retention, and 14th Amendment deliberate indifference to reasonable bodily integrity needs. Settlement achieved for client in 2010.

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In considering the results described above, please be aware that each legal matter is unique. You should not rely on prior results to predict the merit or future success of similar matters.