By Rich Flowers
April 23, 2008 12:30 pm
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The Henderson County Commissioners Court has voted to accept a settlement agreement in a lawsuit brought by a Seven Points man who was severely beaten while an inmate in the county jail.
Thirty-eight-year-old Robert C. Dennis filed the suit Sept. 12, 2005, in the U.S. District Court for the Eastern District of Texas claiming his civil rights were violated when a correctional officer made a statement prompting other inmates to attack him.
Henderson County Judge David Holstein said commissioners accepted the settlement agreement “in principal,” though attorneys are still working on the final wording of the document.
Since the case is still technically open, Holstein would not comment on the terms of the pending settlement. The 4-0 vote came after an executive session at the April 15 commissioners meeting. Pct. 4 Commissioner Jerry West, who left the meeting to attend a funeral, was not present.
According to the suit, in September 2003, Dennis was arrested on a probation revocation charge and placed in a holding cell for two days. Later, he was moved to a maximum security dorm in the north pod of the facility. As Dennis was placed in the north pod, the correctional officer, known in the suit as John Doe, allegedly said to the other inmates, “Here’s your snitch.” Shortly thereafter, Dennis was beaten by several of the inmates.
The suit claims the correctional officer’s actions were “inspired by malice as opposed to mere carelessness” and constituted an abuse of official power.
The suit states Dennis suffered severe, disabling and permanent physical injuries in the beating, which resulted in excess of $200,000 in medical expenses. The suit also alleged Dennis sustained severe emotional distress and mental anguish at the hands of the inmates.
The suit asked that Dennis receive actual and punitive damages and all attorneys fees be paid.
According to the Sept. 12, 2003, edition of the Athens Review, Henderson County Sheriff’s Department detention officers received a call on the jail intercom reporting that an inmate was down and in need of immediate medical help. Officers checked the pod and found Dennis unconscious on the jail floor. He was bleeding and had sustained apparent head injuries.
Dennis was transported to East Texas Medical Center Athens and transferred to the ETMC Tyler Intensive Care Unit where he was listed in critical condition.
The suit alleged the guard deprived Dennis of constitutional rights stated in the fourth, sixth, eighth and 14 amendments of the United States Constitution including:
• The right of the plaintiff to be secure in his person and effects against unreasonable arrest, search and seizure;
• The right of the plaintiff not to be unreasonably deprived of his liberty;
• The right of the plaintiff not to be deprived of life, liberty or property without the process of law; and
• The right of the plaintiff not to be subjected to cruel and unusual punishment.
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