Jail Prisoner Injured in Attack by Co-defendant Settles for $5,000
A prisoner who was attacked by his co-defendant at the Crawford County Correctional Facility (CCCF) in Saegertown, Pennsylvania agreed to a $5,000 settlement in his failure-to-protect suit.
Harry W. Boyer, Jr. was arrested on a probation violation for new criminal charges on August 16, 2012. The day after his arraignment, the State Troopers who transported him to CCCF informed jail officials that Boyer had a separation order with prisoner Michael Ferguson. The reason for the order was that Boyer and Ferguson were co-defendants in an armed robbery in which Boyer had agreed to testify.
Over the next 10 days, Boyer saw Ferguson through a window in a door at the jail several times as he went to the medical unit to have his blood sugar checked. Then, on August 28, 2012, during a visit to medical, Boyer saw Ferguson through the window of the door to the law library. A guard told Boyer and other prisoners with him to stand by the medical unit door.
Boyer immediately told guard “Bollis” that he saw Ferguson at the law library door and he had a separation order. Bollis responded, “Don’t worry about how I do my job, just go wait over at the door to medical.” After Boyer complied, Bollis opened the law library door and Ferguson charged through and ran to Boyer, tackling him.
Ferguson punched, hit and kicked Boyer before other guards arrived to end the attack. Subsequent examinations found that in addition to bruises and scratches, Boyer sustained a concussion and broken ribs. He was denied medication for pain. Guards also refused to give him a grievance and threatened him with physical harm if he filed one against Bollis, the complaint alleged.
Acting pro se, Boyer agreed to dismiss his civil rights complaint in August 2017, shortly before trial, in return for the $5,000 settlement. See: Boyer v. Crawford County Correctional Facility, U.S.D.C. (W.D. Penn.), Case No. 1:14-cv-00206-SPB.
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Related legal case
Boyer v. Crawford County Correctional Facility
| Year | 2017 |
|---|---|
| Cite | U.S.D.C. (W.D. Penn.), Case No. 1:14-cv-00206-SPB |
| Level | District Court |
| Conclusion | Settlement |
| Damages | 5,000 |