Article Author:
Associated Press
Kevin Mcgill
New Orleans — Federal Court of Appeals on Friday
A lawsuit filed by Ellie Moore's family alleges that guards at the Richwood Correctional Center in Monroe, in an area without security cameras, beat handcuffed inmates, including Moore, and peppered them. Sometimes I sprayed it.
A federal judge dismissed most of the lawsuits seeking damages, but her three-judge panel of the Fifth Circuit Court of Appeals in New Orleans reinstated most of the cases in a ruling last month. rice field. On Friday, the Court of Appeals issued an order denying rehearing by this Court and remanded the case to U.S. District Judge Terry Doughty.
"The record of this case does not matter," said Don of the Fifth Circuit, Judge Willett wrote in his July opinion that a jury trial was needed to sort out the facts. Stated.
One of the troubling aspects cited in Willett's July opinion was that guards regularly kept prisoners in confinement areas called "four ways." It was a testimony that I was taken to He sprays pepper and beats the prisoner.
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"Even the deputy warden of the prison admitted that both he and his guards used Four Way to 'interrogate' prisoners. And two prison guards testified under oath that they used Fourway to interrogate and abuse multiple handcuffed detainees," Willett said in his July opinion, reinforced by Friday's action.
Moore's family had the right to pursue the claim that excessive force caused Moore's death, among other arguments in the Opinion, the private firm contracted to operate the lockup — Richwood Correctional Center LLC and LaSalle Management LLC — can sue, and families can seek punitive damages against businesses and security guards.
He was arrested on suspicion of disturbing the peace at a donut shop and taken to prison. When a nurse tried to examine him, he was described as "excited and unobedient." Although he may have been put in a cell alone, Willett wrote, he was put in a cell with another "belligerent" inmate, Vernon White. The two fought but never parted until it was discovered that White had a seizure and had blood around his mouth, which White later died in hospital.
Moore died hours after being forcibly removed from his cell. Court records have videos showing him being hit in the head by guards, and being slammed to the floor as guards were carrying him, falling once.
"The guards then picked up Moore and carried him to Fourway," writes Willett.
Willett was appointed to the court by former President Donald Trump for a panel that included James Ho, also Trump's appointee, and Stephen Higginson, who was appointed by former President Barack Obama. Ho wrote in part against his July opinion. He argued, among other reasons, that the family's wrongful death claim required a determination of which of the defendants caused Moore's death. Neither Mr. Ho nor any other member of the 17-member court sought a full court review.
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