Warden Settles with Prisoner Made to Sleep on Floor of Overcrowded California Prison
by Christopher Zoukis
Jacob Howard, a prisoner transferred to California’s North Kern State Prison where he had to sleep on the floor because of overcrowding, settled his federal lawsuit with the warden who knew there was no bed space available.
Howard was being held at the Los Angeles Men’s Central Jail before being moved to the prison at North Kern. He argued that prison wardens and guards knew there was no bed space and so should never have sent him there. He was forced to sleep on the floor by Lieutenant Scotts and other officers.
On October 14, 2010, Howard filed a pro se civil rights complaint in federal court against Scotts, Los Angeles County Sheriff Lee Baca, Warden Lydia C. Hense, North Kern Warden M. Junious and several other wardens and officers. He alleged that being forced to sleep on the floor constituted cruel and unusual punishment in violation of the Eighth Amendment. Howard sought punitive damages and compensatory damages of $1,000 per day of the violation.
Hense was dismissed from the case in November 2010, Baca was dismissed in November 2011, and Scotts was dismissed in December 2011. The remaining parties agreed to a settlement on May 10, 2012, and the case was dismissed by Judge John F. Walter on May 25.
See: Howard v. Doe, et al., United States District Court for the Central District of California, Case No. 2:10-cv-05081-JFW-OP (May 1, 2012)
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Howard v. Doe, et al., United States District Court for the Central District of California
| Year | 2012 |
|---|---|
| Cite | 2:10-cv-05081-JFW-OP (May 1, 2012) |
| Level | District Court |
| Conclusion | Settlement |