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CCA Settles Wrongful Death Suit in Texas For $60,000
lawsuit filed by the father of a prisoner who died from a drug overdose at
a CCA-operated prison.
Hugh Wayne Martin, a Texas state prisoner, was transferred to the Venus
Pre-release Detention Center in September 1995. The prison is operated by
CCA, a private company based in Tennessee. Martin, who had resided in a
state prison since November 1991, had a history of depression and was
taking the prescription antidepressant Doxepin (brand name Sinequan).
On the evening of December 13, 1995, Martin ingested multiple Doxepin pills
that he had stockpiled. Thereafter Martin began behaving erratically and
was taken to the prison infirmary, where he suffered three seizures. A
nurse began administering CPR and continued until paramedics arrived.
Martin was transported to the Huguley Medical Center about 45 minutes away.
He arrived there at 2:05 a.m. and was pronounced dead at 2:08 a.m. The
autopsy report cited "Acute Doxepin Intoxication" as the cause of death.
Plaintiff Warren Martin, the decedent's father, sued CCA on his son's
behalf under the Texas Wrongful Death Act and the Texas Survival Statute
[Texas Civil Practice and Remedies Codes Annotated §§ 71.001 and 71.021
(Vernon 1995), respectively], and Texas Tort Law.
The plaintiff's lawsuit--filed in the U.S. District Court for the Northern
District of Texas--noted that custodians of prisoners "have a legal duty to
protect [them] from reasonably forseeable destructive acts." Moreover,
Martin's documented history of depression and his use of psychiatric
medication served to put the Venus prison on notice of his mental illness
and his capacity for self-injurious acts.
The plaintiff further alleged that guards should have ensured Martin
ingested his medication when it was administered; periodic inspections
should have been performed to ensure that prisoners were not hoarding
prescription drugs; and medical personnel should have monitored Martin's
behavior for indications that he was not complying with his medication regimen.
The plaintiff sought damages under the Wrongful Death Act for the
deprivation of his father-son relationship and mental anguish. He sought
damages under state tort law for the negligent care and custody of his son,
including the failure to comply with a reasonable standard of medical care.
See: Martin v. Corrections Corporation of America, USDC ND TX, Case No.
3-97-CV-2895-9.
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Related legal case
Martin v. Corrections Corporation of America
Year | 1998 |
---|---|
Cite | USDC ND TX, Case No. 3-97-CV-2895-9 |
Level | District Court |
Conclusion | Settlement |
Attorney Fees | 0 |
Damages | 60000 |
Injunction Status | N/A |