Case details
Plaintiff claimed officer slammed cell gate on his hands
SUMMARY
$35000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
finger, hand
FACTS
On Oct. 7, 2018, plaintiff Michael Herring, an inmate at the Los Angeles County Sheriff-Men’s Central Jail, in Los Angeles, got his left hand and fingers trapped in a cell gate after an officer at the jail, Ramirez, allegedly closed it without warning. The officer then allegedly opened the cell gate and closed it again, causing Herring’s fingers to become trapped again before he could remove them. Herring sued Ramirez; Ramirez’s supervisors, Sergeant Duran and Deputy Martin B.; the Los Angeles County Sheriff-Men’s Central Jail; and the operator of the jail, Los Angeles County. Herring alleged that Ramirez’s actions constituted excessive force, assault, battery and intentional infliction of emotional distress in violation of his civil rights under 42 U.S.C. § 1983. He also alleged that the jail and the county were negligent under the Monell doctrine and that Ramirez’s supervisors were negligent in their failure to properly train, supervise and discipline Ramirez. Defense counsel contended that Herring, having been in custody for a week prior to the incident, disregarded the tier-wide announcement over the speakers for inmates to watch their hands as the doors were closing. Thus, counsel asserted that Herring was comparatively at fault., Herring claimed his left hand and fingers were crushed in the cell gate, causing pain to his left fingers and hand. However, he did not receive any medical care, and he claimed all of his pain had resolved. Herring sought recovery of damages for his past and future pain and suffering. Defense counsel denied that Herring was seriously injured.
COURT
United States District Court, Central District, Los Angeles, CA
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