Article Author:
Associated Press
Kevin McGill
New Orleans (AP) — The Federal Court of Appeals decided that
A lawsuit filed by Ellie Moore's family involved guards at Monroe's Richwood Correctional Center occasionally handcuffing prisoners, including Moore, in areas without security cameras.
While federal judges have dismissed most of the damages cases, a panel of three judges in the Fifth Circuit Court of Appeals in New Orleans took a major step forward in last month's ruling. partially reinstated the lawsuit. On Friday, the Court of Appeals issued an order denying review by this Court and remanded the case to U.S. District Judge Terry Doughty.
"The record of this case is not in question," said Fifth Circuit Judge Willett, who 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 Spray pepper and beat the prisoner.
"Even the deputy warden of the prison admitted that both he and his guards used Fourway 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 was entitled to pursue claims 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 file lawsuits, 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 solitary confinement alone, Willett wrote, he was put in solitary confinement with another "belligerent" inmate, Vernon White. And despite their quarrel, the two never parted until it was discovered that White had a seizure and had blood around his mouth, where he later died in hospital.
Moore died hours after being forced out of 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. wrote. Ho partly disagreed with his July opinion. He argued, among other reasons, that the family's wrongful death claim requires a determination of which of the defendants caused Moore's death.
But according to Friday filings Neither Mr. Ho nor the other 17 members of the court requested a full court review.
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