$25,000 Jury Award in Missouri Prisoner’s Failure to Protect Claim

by David Reutter

A Missouri federal jury awarded a prisoner $25,000 in a failure to protect case. The district court also awarded $23,401.05 in attorney fees and costs.

Missouri prisoner Christopher Prosser was placed in administrative segregation after the Superintendent of Jefferson City Correctional Center (JCCC) received information from a prisoner informant that Prosser was going to be assaulted or killed. Prosser was never advised of the threat, but several internal memorandums documented the threat.

A month after being segregated, Prosser was transferred in May 1997 to the newly opened Crossroads Correction Center. Over 100 prisoners had been transferred contemporaneously from JCCC. Upon arrival, Prosser was released to open population without being warned of the threat.

Prisoners Eddie Williams and Steve Ragan “strapped up” on June 11, 1997, to murder Prosser. They taped magazines around their torsos to create a stab proof vest, put on boots, and wore a heavy Carhartt duck type coat as an added layer. They then taped large knives to their hands to assure they would not be dropped during combat.

Once fitted in this heavy combat gear, they proceeded to Prosser’s housing unit. Guards Meredith Allen-Wells and Kimberly Swindler electronically opened the security doors for them, and they laid in wait while Prosser was on the recreation yard. When the unarmed Prosser entered the unit, Williams and Ragan attacked him, resulting in more than 22 stab wounds.

Once released from intensive care, Prosser filed a civil rights action alleging several prison officials failed to protect him serious risk of harm. The district court granted the defendants summary judgment.

The Eighth Circuit reversed. It held genuine issues of material fact remained as to (1) whether prison employee Victor Bruhn was aware of a substantial risk of harm to Prosser when he recommended his release to general population, and (2) whether Allen-Wells and Swindler demonstrated deliberate indifference to Prosser’s safety by allowing the assailants into his housing unit “dressed in combat attire, and in their alleged lack of response to the attack.” See: Prosser v. Williams, 84 Fed. Appx. 737 (8^th Cir. 2004).

On Remand, the jury found in favor of Bruhn and Swindler. It, however, found Allen-Wells liable, awarding Prosser $5,000 in compensatory damages and $20,000 in punitive damages. The district court subsequently awarded Prosser’s attorney, Phillip R. Gibson of the Midwest Innocence Project $29,651.05 in fees and costs. It ordered Prosser to pay $6,250 of that award.

Allen-Wells appealed. The Eighth Circuit disagreed with her contention that Prosser failed to present sufficient evidence to prove she was aware of a substantial risk or was deliberately indifferent.

The “case turned on a creditability determination—whether the jury believed Allen-Wells’ testimony which was inconsistent (if not outright contradicted) by her earlier affidavit,” wrote the Court. “The jury was free to disbelieve Allen Wells and believe Prosser’s testimony that Allen-Wells told him shortly after the attack that she ‘basically knew what was going on,’” allowing the jury the statement referenced Prosser being stabbed. The Eighth Circuit affirmed the judgment. See: Prosser v. Bruhn, 262 Fed. Appx. 724 (8^th Cir. 2008).

Subscribe today

Already a subscriber? Login

Related legal cases