Lance A. Cole, 24, was arrested for violating his probation by possessing a gun. A day earlier Cole had injured himself while out socializing with friends: he fell causing a gun concealed in his pants to discharge into his groin, wounding his penis. After being treated at a hospital, Cole was taken into custody.
While in the St. Louis County Jail, Cole repeatedly asked to return to the hospital. His requests were denied. Cole subsequently caused a loud commotion, which prompted jail officials to move him to another location.
Cole claimed that during transport defendant guards Michael Hurt and Joshua Miklovic kicked him in the groin, knowing he had suffered the gunshot wound about 24 hours prior. Cole sued Hurt and Miklovic in the U.S. District Court for the District of Missouri alleging they violated his civil rights by subjecting him to excessive force and for deliberate indifference to his medical needs.
At trial Cole was awarded $2,500 on his claim against Miklovic, but lost his claim against Hurt. Cole's motions for new trial and judgment notwithstanding the verdict were denied. Before trial, defendants had offered to settle for $5,000; Cole had demanded $25,000.
Cole was represented by attorney Michael T. George of St. Louis. See: Cole v. Hurt, USDC ED MO, Case No. 4:03-CV-00622.
Source: St. Louis Verdict Reporter
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Cole v. Hurt
|Cite||USDC ED MO, Case No. 4:03-CV-00622|