The U.S. 9th Circuit Court of Appeals says ex-prisoner Dion Starr can sue Los Angeles County Sheriff Leroy Baca for personal injury. Starr was stabbed 23 times in 2006 while behind bars. He contends that Baca knew that the conditions in the jail were dangerous yet displayed "deliberate indifference."
Yesterday, the appeals court ruled 2-1 that Baca isn't immune from Starr's Los Angeles injury lawsuit, and that the complaint, which had been tossed by a federal judge, will now go back to district court for the civil trial. The appeals court's majority ruling says that although the US Supreme Court's decision protects officials from liability against subordinates' illegal actions, that protection doesn't extend to rights violations of those in custody when the supervisor either had "knowledge of and acquiescence" of behavior that was unconstitutional.
Starr says that Baca had been warned repeatedly about the unsafe conditions in the jail. Among the notifications was a report issued by Special Counsel Merrick Bobb in 2005 about numerous cases of misconduct over five years. The report also notes that with the array of security flaws and problems with understaffing.
Starr contends in his Los Angeles personal injury lawsuit that when he called for help after Latino gang members threatened to attack him and his fellow African American cellmate, the deputy that came over unlocked the door to his cell. This allowed his attackers to come in and assault him. In addition to the 23 stab wounds that he sustained, Starr, who injured his head, now has a piece of metal in his skull.
Even if you have been convicted of a crime, you are still entitled to certain protections and there is no reason why you should be allowed to become the victim of police brutality or prisoner violence. Law enforcement officers and the government are responsible for providing you with a safe environment--regardless of whether you are in jail for an hour or in prison for years.
Suit alleging dangerous conditions in Sheriff Lee Baca's county jail moves forward, Los Angeles Times, February 12, 2011
DION STARR V. COUNTY OF LOS ANGELES, 09-55233, 9th Circuit Appeals Court
Related Web Resources:
Los Angeles County Sheriff's Department
Prisoners' Rights, Cornell University Law School
