North Carolina Prisoner Awarded $0.99 after Assault by Guard
North Carolina Prisoner Awarded $0.99 after Assault by Guard
On July 24, 2012, in the U.S. District Court in Charlotte, N.C., a jury awarded plaintiff Jamey L. Wilkins, a North Carolina state prisoner housed in the segregation unit of Lanesboro Correctional Institution, $0.99 after prevailing in a use of excessive force and cruel and unusual punishment suit against Lanesboro Correctional Officer Alexander Gaddy. The suit arose from an incident which began as a verbal exchange between the parties and escalated to a physical confrontation.
Plaintiff contended Officer Gaddy assaulted him after a verbal dispute that was initiated when Wilkins requested a grievance form from Gaddy to report Gaddy’s previous verbal abuses. Wilkins claimed, as a result of the assault, that he suffered from numerous physical injuries and that his pre-existing psychological conditions were aggravated.
While the confrontation between Wilkins and Gaddy was still in the verbal state, another guard, Officer Barker, mistakenly opened the plaintiff’s cell door. Wilkins also sued Barker in state court, alleging negligence, and was awarded $500, and then pursued his claim against Gaddy in federal court.
In the district court, the defendant conceded to the use of force to restrain Wilkins after the cell door was mistakenly opened but denied charges of excessive force and acting maliciously. Gaddy stated that Wilkins had started throwing things at him and that he was using force necessary to restrain Wilkins. Furthermore, defendant Gaddy argued that he was entitled to governmental immunity and that Wilkins had already recovered $500 in state court for the same incident.
The jury found for the plaintiff, but believed that Wilkins had suffered no damage, consequently awarding him $0.99 in nominal damages. See: Wilkins v. Gaddy, U.S.D.C. (W.D. N.C.), Case no. 3:08-cv-00138-RJC-DSC.
Source: www.verdictsearch.com
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Related legal case
Wilkins v. Gaddy
| Year | 2012 |
|---|---|
| Cite | , U.S.D.C. (W.D. N.C.), Case no. 3:08-cv-00138-RJC-DSC |
| Level | District Court |
| Conclusion | Jury Verdict |
| Damages | 0.99 |