An inmate who sustained chemical burns and stab wounds during an attack at an Iberville Parish prison while correctional staff stood by and did nothing received $10,000 in damages as a result of his federal lawsuit.
Judge Shelly Dick of the Middle District of Louisiana awarded plaintiff Shawn Briscoe the damages award July 20. Briscoe, an inmate at the Elayn Hunt Correctional Center at the time of the incident, was attacked by two inmates, one of whom has ongoing criminal proceedings against him, according to the lawsuit.
After a bench trial, Dick ruled that Briscoe had prevailed over the two defendants, former correctional officials Dallas Stewart and Kendale Williams, “by a preponderance of the evidence” in his claims of Eighth Amendment violations involving cruel and unusual punishment. The judge, however, did not award any punitive damages.
“During the (2018) attack, Sgt. Stewart and Cadet Williams stood by and watched as Mr. Briscoe was attacked,” Briscoe’s lawsuit states. “Neither made any attempt to intervene, call for back-up or otherwise stop the attack.”
Briscoe was forced to wait until after a shift change before he was allowed medical attention, the complaint says. He was eventually taken to the Baton Rouge General Burn Unit after suffering second-degree burns on his ear, forehead and face and third-degree burns on his neck, chest and shoulder, the lawsuit says. Briscoe also suffered stab injuries on his neck, shoulder, leg and foot.
Williams and Stewart were accused in the lawsuit of taking an item of value in return for not responding to the attack carried out by inmate Darryl Harris.
“We are thrilled to secure a win for our client, and the award is one that can make a major difference in Mr. Briscoe's life,” Briscoe’s attorney, David Lanser, said in an email to the Louisiana Record. “While I do not think any one award, regardless of the amount, will stop violence in prisons, this is one step towards creating a humane environment for our client and others.”
The freedom not to be a victim of violence represents a human right that is often not afforded to those who are incarcerated, according to Lanser.
“It is a relief to see a rare instance of accountability, as prison officials are routinely let off the hook for failing the people who rely on them for safety and care,” he said.