Case details
Plaintiff wrongly housed with inmate despite court order: suit
SUMMARY
$50000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
face, fracture, nose
FACTS
On Sept. 11, 2018, plaintiff Donald Kunstt, an inmate at the North County Correctional Facility, in Castaic, was assaulted by another inmate. Kunstt had been struck by a vehicle in January 2018. It was learned that the driver had intentionally struck Kunstt, and the driver was convicted of vehicular assault against Kunstt in July 2018. As a result, the driver was sentenced to the North County Correctional Facility. In addition, the court issued a restraining order against the driver, whereby the driver was ordered to stay 100 yards away from Kunstt for the next three years. On Sept. 7, 2018, Kunstt was arrested on a weapons charge. Kunstt claimed that before he was taken to the North County Correctional Facility, he told on-duty jail employees, deputies and custody assistants that the driver who intentionally struck him was incarcerated in the same jail where he was to be incarcerated and that he had a court order to be kept away from that inmate. However, within hours of Kunstt being housed in the same dormitory, the other inmate recruited an inmate to assault Kunstt. As a result, Kunstt sustained to his head and face. The other inmate and his cohort were convicted of their assaults on Kunstt, and Kunstt gained another three-year restraining order against them. Kunstt sued the manager of the facility, Los Angeles County. He also sued several people who worked at the correctional facility, including Commander Elier Morejon, Chief Patrick Jordan, Captain Michael Davis, Commander Kevin Herbert, Chief Joann Sharp, Chief Joseph Dempsey, Captain Tatiana Plunkett, Ricardo Iniguez, Sergeant Richard Canfield, Moraima Valdez and Bonnie Baker, a registered nurse. Kunstt alleged that the defendants violated his rights under the due process clause of the 14th Amendment. Davis, Herbert and Dempsey were ultimately dismissed from the case. Plaintiff’s counsel asserted that Kunstt was recklessly housed at the facility. Counsel contended that the facility should have classified inmates that they knew, or should have known, were dangerous. Counsel also contended that Baker, Iniguez and Canfield were ultimately responsible for the indifference to the danger to Kunstt. Plaintiff’s counsel asserted that once the facility learned from Kunstt that a court order was issued for the other inmate to be kept away from Kunstt, the facility was required to classify Kunstt as a "keep away" and issue an appropriate wrist band to identify Kunstt that way so that Kunstt could be segregated from the general jail population. Counsel contended that, instead, Kunstt was put through an abbreviated classification process as being suicidal, which sent Kunstt to a facility nurse, Baker, who, hours later, correctly determined that Kunstt was not suicidal. However, plaintiff’s counsel asserted that despite Baker’s determination, Baker ignored the news about the danger the other inmate posed to Kunstt. In addition, plaintiff’s counsel asserted that even though Canfield kept Kunstt off a bus for a day, which prevented Kunstt from being sent to the site of the assault, where the other inmate was serving his sentence, Kunstt was still taken where he did not belong the following day and was beaten by the other inmate and his cohort., Kunstt was kicked in the face, which caused him to briefly lose consciousness and sustain a fractured nose. He eventually made his own way to alert the guards. He was taken to an infirmary, where they determined that he was too seriously hurt to treat there. An ambulance then transported Kunstt to the emergency room at Henry Mayo Newhall Hospital, in Santa Clarita, where he was treated and arrangements were made to properly reclassify him as a "keep away." Kunstt received additional medical treatment while in custody, and he served out his sentence for the weapons charge. However, when he was released in October 2018, his face still retained signs of trauma from the beating. Kunstt sought recovery of past medical costs, and damages for his past and future pain and suffering.
COURT
United States District Court, Central District, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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