Jury Awards $22 Million to Pre-trial Detainee For Inhumane Treatment

By Jeralyn, Section Inmates and Prisons
Posted on Wed Jan 25, 2012 at 06:58:26 PM EST
Tags: solitary confinement (all tags)

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Steven Slevin, 57, was arrested for a DUI and related minor offenses in New Mexico in 2005. He spent two years in solitary at the Dona Ana County Detention Facility. He was not provided mental health or medical care. Even his request to see a dentist was refused -- resulting in him being forced to pull his own tooth.

A federal jury has awarded him $22 million for the inhumane treatment. [More...]

He ended up in solitary confinement because he was suffering from depression and someone checked a box on a form indicating he was suicidal....[He] was given some drugs for depression but never saw a mental health professional....[He] wrote letters for months seeking help, but they were ignored.

He was never convicted and released in 2007. His lawyer says:

He was stuck in a 6-foot-by-11-foot cell with a concrete bench for a bed. And he sat in that cell. We had documentary evidence that he didn't get out for anything—for recreation, a shower—for months at a time."

Dona Ana County (Las Cruces) plans to appeal. The jail claims to have medical staff. And it certainly had the ability to observe prisoners. From its website:

The adult detention facility differs from a traditional linear jail in that there are no bars separating officers and inmates. Instead, they are separated by glass partitions, which allow officers to maintain continuous observation of all inmates and to ensure that inmates are constantly aware that they are under observation.

Most of the 800 inmates are pre-trial detainees.

A Las Cruces news report is here.

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Jury Awards $22 Million to Pre-trial Detainee For Inhumane Treatment | 23 comments (23 topical)

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wow (5.00 / 1) (#1)
by TeresaInPa on Wed Jan 25, 2012 at 07:18:35 PM EST

this poor man deserves every cent of that 22 million and more. I can't imagine how burnt out and callous you would have to become to allow some one in your custody to be treated that way.

: yes, wow (5.00 / 1) (#2)
by ZtoA on Wed Jan 25, 2012 at 08:55:13 PM EST

I don't usually comment just to express a reaction but this is amazing.

Absolutely horrible (5.00 / 1) (#3)
by Towanda on Wed Jan 25, 2012 at 09:18:10 PM EST

and some reports state that he simply was "forgotten" for almost two years, a reason why his requests were ignored. I wish that I also had found any word that the facility was closely investigated by now, as who knows how many others may have been subjected to such treatment in the five years since his release and before this attention, at last?

I read that this $22 milion awarded yesterday was a record for violation of civil rights. And then came this $25 million award today:

"A federal jury in Chicago on Tuesday awarded $25 million to a man who spent 16 years in prison for a murder he didn't commit, and whose lawyer has a similar case pending. . . . Thaddeus Jimenez was 13 when he was arrested in a 1993 killing. Another man confessed to the murder on tape not long after Jimenez was charged, but prosecutors didn't believe it. Years later, other prosecutors reopened the case after work by the Northwestern University's wrongful conviction project. . . . He was released in 2009.

"The winning attorney, Jon Loevy, also represents a man suing the city of Milwaukee for his wrongful conviction that was finally cleared up during investigation of serial killer Walter Ellis. Chaunte Ott spent 13 years of a life sentence in prison for murder . . . before his release in 2009. An appeals court ordered a new trial after investigators linked DNA from the Payne case and others to Ellis. . . . Ott filed his own civil rights case in 2009, claiming several police officials conspired to frame him."

Lets hope he sees the cash... (5.00 / 2) (#8)
by kdog on Thu Jan 26, 2012 at 11:06:40 AM EST

jury awards have a way of getting seriously reduced on appeal...especially when the bad actor is the state or a corporation.

That was my first thought too, kdog (5.00 / 2) (#9)
by Edger on Thu Jan 26, 2012 at 11:13:01 AM EST

It's one thing to get the judgement and that's great - I'm he did, he deserves it.

But it's another thing to get paid....


The "Hot Coffee"... (none / 0) (#10)
by kdog on Thu Jan 26, 2012 at 11:26:48 AM EST

doc on HBO opened my eyes on that sh*t...getting a jury award is less than half the battle.


Yeah - I don't know how that works (none / 0) (#12)
by Edger on Thu Jan 26, 2012 at 11:29:06 AM EST

How does he enforce the judgement?


Most governmental entities either have (5.00 / 3) (#13)
by scribe on Thu Jan 26, 2012 at 12:01:10 PM EST

insurance or participate in self-insurance pool arrangements. The governmental entities I formerly worked for had a centralized office serving all the different governmental entities that participated in the pool, where they had professional adjusters and risk managers.

The insurance is usually purchased from politically connected insurance brokers who get the contracts as a result of pull.

In the event the judgment exceeds the policy limits or coverage, the governmental entities' property is subject to execution just like any other civil defendant's. State budget laws may require balanced budgets; most governmental entities will have a reserve for civil judgments set up as a line item in their annual budgets. In the event their liability exceeds the allocated amount, several things can happen.

The judgment creditor can work out a deal with the judgment debtor governmental entity to accept payments over time.
The judgment creditor can execute upon proceeds and receipts coming in to the government, i.e., as people pay their taxes, he can get a hand on them. Whether the judge will rule in his favor come the inevitable challenge by the governmental entity ("he's taking the money from the school lunches" or similar twaddle) is another story. But he does have a lien on it.
The judgment creditor can, in theory, execute and take governmental property like buildings and such. If there is vacant, non-park land, that might fly. Seizing the courthouse won't.
The governmental entity can float some bonds to pay the judgment.
The governmental entity can raise taxes to pay the judgment. This is the one that the governmental entity waves about first and loudest, even though in practice it is the last resort.

In any event, if the governmental entity (or any judgment debtor, for that matter) owing money on a federal court judgment balks, I've found that asking their lawyer "Can we work this out or do I have to send in the US Marshals?" (The Marshals execute federal court judgments) usually moves them pretty quickly.


State of CA is self insured. (5.00 / 1) (#16)
by oculus on Thu Jan 26, 2012 at 02:04:19 PM EST

Some judgments and/ or settlements require approval by state legislature. Most don't.


Thanks for that explanation , scribe (none / 0) (#14)
by Edger on Thu Jan 26, 2012 at 12:08:37 PM EST

Does that mean Steven Slevin has a good chance of collecting?


: No. (5.00 / 1) (#21)
by scribe on Thu Jan 26, 2012 at 05:11:56 PM EST

You have to assume you have no chance of collecting until the check clears and even then until the time for a bankruptcy court avoiding preferential transfers has passed, and then act accordingly to collect on your judgment.
Also, remember an old watchword of plaintiffs' attorneys: "little people get little justice". Justice in the civil courts being measured in dollars, you can see where this is going, b/c he is nothing if not one of the little people.
Enforcing that watchword is the duty of trial judges granting post-trial motions for remittitur and/or new trial and of appellate judges threatening to grant a new trial or summarily reverse ... if the plaintiff doesn't settle for less.

this is called "piling on", (5.00 / 1) (#15)
by cpinva on Thu Jan 26, 2012 at 12:48:38 PM EST

possession of a stolen vehicle, aggravated driving while under the influence, driving with a suspended license, possession of an open container of alcohol in a vehicle and improper use of registration

a tactic utilized in both criminal & civil litigation. the purpose is to get the target to agree to plead (or settle out of court) to a minor issue, in return for dropping everything else. it's very cost-effective (economies of scale), as the marginal cost of including additional charges is negligible. the potential savings are huge, because actually taking a case to trial is expensive, for all parties concerned.

it isn't at all clear to me, based on the reports, that mr. slevin was ever actually tried, they just say he wasn't convicted. that isn't the same thing as being tried and found not guilty. were the charges eventually dropped? this seems more likely, once they found out he'd been left to rot for 2 years, in pre-trial detention. they hoped he wouldn't file a civil suit against them.

so much for that whole "speedy trial" thing, in the constitution.

Yeh, the tactic may work only (none / 0) (#17)
by Towanda on Thu Jan 26, 2012 at 02:45:35 PM EST

if the charges come into the courtroom, with the defendant.

Reports I read said that he never ever got into court, got before a judge, got given a lawyer, etc. He just was lost in the (excuse for a) system there for almost two years -- a reason why his requests also were ignored, because he didn't exist, so the (excuse for a) system said.

Spouse and I already had decided, based on dire reports from friends as well as reading of others stopped in Arizona, that we never will go there. Last night, reading this, we scratched New Mexico, too. Too bad, as we had read wonderful things about Santa Fe, Albuquerque, and more -- and we have relatives there as well. But they just will have to drive to see us.


: Yes, all nice (none / 0) (#19)
by MKS on Thu Jan 26, 2012 at 03:30:49 PM EST

But Las Cruces/Silver City is even more beatiful and "enchanting," as they say.
Silver City has drawn a lot artsy East Coast retirees, which seems a little surreal.
I think New Mexico is the most beautiful state. And so do Gus and Walter White.

: Or, you can look at in terms (