Another Payout Brings Arizona Prisoner’s Total to $92,850
On June 6, 2024, Arizona prisoner Edmund Powers settled a claim against three state Department of Corrections, Rehabilitation and Reentry (DCRR) guards for $850. Though relatively small, it was Powers’ third such settlement since 2020, bringing his total payout to $92,850.
The most recent case involved injuries Powers sustained from the 17” x 6” opening “trap” on his cell door at the Morey Unit of the Lewis Complex. The trap consists of a heavy metal plate in a frame welded to the outer face of the cell door on a rail, so that it slides up and down. According to Powers’ complaint, the metal plate “slam[s] down onto the sill of the frame-like a guillotine” when closed from outside.
The trap on Powers’ cell door malfunctioned for many months and would get stuck half-down. Guards would either kick and hit it closed or just leave it in the half-stuck position; in the latter case, the trap would then slam down unexpectedly with a loud bang if the door was bumped or jostled. Powers repeatedly requested a repair, fearing that it would injure him or someone else.
A DCRR guard named Wagner had in fact injured her fingers and foot on separate occasions attempting to force the trap closed. Another guard named Ojeda also had difficulty with the trap, and when she became frustrated with it, Powers repeatedly requested that she too submit a work order for its repair. This was in fact required of guards by DCRR policy whenever they notice a security device malfunctions, but Powers failed to do so.
On June 10, 2021, Ojeda and two fellow guards named Rodriguez and Anderson were distributing sack meals in the Morey Unit. Anderson opened all the traps on the unit, while Ojeda and Rodriguez handed out the sacks. Ojeda then began locking the traps behind them. When she attempted to close the trap on Powers’ cell, the plate jammed halfway down in its track. She struggled with it for a few minutes but was unable to get it closed, and she left the area.
Anderson and Rodriguez were standing nearby but did nothing to intervene. Powers made eye contact with them and motioned for them to secure the trap. They ignored his request and walked off. Powers is missing part of his foot and has mobility issues as a result; as he attempted to get the guards’ attention a second time, he stumbled and grabbed the door for balance. The trap slammed closed, smashing three of his fingers. As a result of this injury, Powers suffered extreme pain, lost a fingernail, and could not use his fingers for over three months. It also required numerous trips to the prison infirmary for x-rays and wound care.
After the incident, Ojeda admitted that she was responsible and apologized. Anderson also said that he would prepare an incident report indicating that it was Ojeda’s fault, but he requested that Powers not name him in a grievance because he was a new employee on probationary period. Their supervisor, Sgt. Escott, later told Powers that Ojeda never notified him about the defective trap nor submitted any reports or work orders for its repair.
Powers sued DCRR Director David Shinn and guards Ojeda, Anderson and Rodriguez in federal court for the District of Arizona, accusing them of deliberate indifference to an objectively serious threat to his safety, despite his known disabilities, and as a result he was injured. The district court dismissed the claim against Shinn but ordered the guards to answer. After conducting some discovery, the parties agreed to settle all claims against the guards for $850.00. Powers was assisted during settlement negotiations by Chandler attorney Keith Knowlton. See: Powers v. Shinn, USDC (D. Ariz.), Case No. 2:22-cv-01109.
As PLN reported, Powers accepted a $72,000 settlement from DCRR’s then-contracted medical provider, Corizon Health, in November 2020, and another $20,000 settlement from Corizon’s successor, Centurion of Arizona and MHM Health Professionals, in June 2022. [See: PLN, Nov. 2021, p.32; and Feb. 2023, p. 29.] In a letter to PLN after his most recent settlement, Powers stated: “I learned pretty much everything I know about fighting for my rights from PLN.” In all three cases, he drafted legal pleadings and conducted discovery himself, he said, only bringing in attorney Knowlton to assist during settlement negotiations.
Powers used the money obtained from the first two settlements to pay for his daughter’s college education. He is to be commended for his efforts at securing a measure of justice and his admirable use of the settlement funds.
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