Inmate claims excessive force. $15K.

Gross Verdict or Award: $15,000
Punitive Damages: $15,000
Trial or Arbitration Time: 3 days
Jury Deliberation Time: 6 hours

Summary

Elderly state prison inmate being escorted by guard claims excessive force was used on him.

Attorney for the Plaintiff:
Tittmann Weix LLP by Raymond J. Tittmann, Los Angeles.
Attorney for the Defendant:
Andrada & Associates by Lynne G. Stocker, Oakland.

Facts and Background:
Plaintiff Baugh, an elderly inmate at the California Rehabilitation Center, alleged that he suffered injuries due to excessive force used by correctional officer James Martin while incarcerated at California's Men's Colony State Prison in December 2020.

Baugh asserts this incident violated his Eighth Amendment Rights against cruel and unusual punishment. He sought damages under 42 U.S.C. Section 1983 for this violation.
Plaintiff's Contentions:
That defendant Martin used excessive force on plaintiff, acting maliciously and sadistically to cause harm, rather than in good faith to maintain discipline. As a result, plaintiff suffered harm.
Defendant's Contentions:
Defendant Martin claimed plaintiff was disrespectful and loud in the dorm with other inmates present. For safety, defendant Martin ordered plaintiff to cuff up for an escort to the program office. During the escort, plaintiff allegedly tried to pull away, prompting defendant to maintain a firm grip on his arm to prevent him from breaking free or falling. Defendant Martin asserted that the force used was necessary and not excessive.

Physical Injuries claimed by Plaintiff:
Wrist injuries and a shoulder sprain, for which he received physical therapy.