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Ohio Prisoner Wins $4,525 Award For Assault By Guard
On May 12, 2007, the Court of Claims of Ohio issued a judgment in favor of an Ohio state prisoner awarding him $4,525 for an assault by a guard.
Daniel Booth, an Ohio state prisoner, was working in the kitchen at Southeastern Correctional Institution when he became involved in an altercation with a guard. The guard struck Booth in the face with two large metal ladles. As a result, Booth received abrasions to the left side of his neck and complained of pain in his jaw, neck and left ear for months following the incident.
Booth filed suit against the Ohio Department of Rehabilitation and Correction (DORC) in state court. A magistrate judge ruled that DORC was liable because--even though Booth initiated physical contact with the guard--the guard “acted in a negligent manner insomuch as his actions exceeded the amount of force that was reasonably necessary in order to enforce defendant’s rules and regulations.” The magistrate set damages at $4,525, which included Booth’s $25 filing fee and, when the defendant failed to file objections, the trial court issued a judgment in Booth’s favor for $4,525 and as-sessed costs against the defendant. See: Booth v. Ohio Department of Rehabilitation and Correction, 2007 Ohio 2752 and 2007 Ohio 1880.
Daniel Booth, an Ohio state prisoner, was working in the kitchen at Southeastern Correctional Institution when he became involved in an altercation with a guard. The guard struck Booth in the face with two large metal ladles. As a result, Booth received abrasions to the left side of his neck and complained of pain in his jaw, neck and left ear for months following the incident.
Booth filed suit against the Ohio Department of Rehabilitation and Correction (DORC) in state court. A magistrate judge ruled that DORC was liable because--even though Booth initiated physical contact with the guard--the guard “acted in a negligent manner insomuch as his actions exceeded the amount of force that was reasonably necessary in order to enforce defendant’s rules and regulations.” The magistrate set damages at $4,525, which included Booth’s $25 filing fee and, when the defendant failed to file objections, the trial court issued a judgment in Booth’s favor for $4,525 and as-sessed costs against the defendant. See: Booth v. Ohio Department of Rehabilitation and Correction, 2007 Ohio 2752 and 2007 Ohio 1880.
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Related legal case
Booth v. Ohio Department of Rehabilitation and Correction
| Year | 2007 |
|---|---|
| Cite | 2007 Ohio 2752 and 2007 Ohio 1880 |
| Level | Court of Claims |
| Conclusion | Bench Verdict |
| Damages | 4,525.00 |
| Injunction Status | N/A |