$8,500 Settlement for CCA Prisoner whose Diabetic Seizure Went Untreated

by David M. Reutter

Corrections Corporation of America paid $8,500 to settle a lawsuit alleging deliberate indifference to a serious medical need.

Upon entering the Metro-Davidson County Detention Facility, Charles E. Mosley was a Type I diabetic who required daily insulin injections. On December 3, 2003, Mosley suffered what appeared to be a seizure. His cellmate called for assistance, but when Nurse Abbey arrived, she pronounced that he was “faking.” She instructed guards to take him to segregation.

Guards put handcuffs and leg irons on Mosely. They then tried to force him to walk while he was still seizing and in a debilitated state. As Abbey watched, guards “beat and shoved [Mosley] down a flight of stairs.” Sometime later, Abbey told guards to remove Mosley from segregation stating “he’ll die.”

For the remainder of his imprisonment, Mosley was confined to a wheelchair. Upon release, he went to a hospital and received proper care, which included an insulin level adjustment. Still, he continued to drag his feet and had difficulty using his hands for some time.

Mosley agreed to the settlement on May 22, 2008. He was represented by attorneys James V. Mondelli and Anne M. Davenport. See: Mosley v. Corrections Corporation of America, U.S.D.C. (M.D. Tenn.), Case No. 3:04-cv-01119.

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