×
You have 2 more free articles available this month. Subscribe today.
California Prisoner Shot In Leg and Denied Crutches Awarded $75,002
On July 17, 1997, a jury in the U.S. District Court for the Northern
District of California awarded $75,002 to a prisoner who was shot by a
prison guard and deprived of medical equipment prescribed to help him walk.
While fighting on the prison recreation yard plaintiff Salvador Garcia was
shot in the leg by guard Daniel Loeffelholz. Following the shooting, Garcia
claimed guards and prison officials deprived him of crutches and a leg
brace for extended periods of time. Both had been prescribed by a doctor to
help him walk without falling.
Garcia sued multiple guards and prison officials alleging excessive force
and deliberate indifference to his serious medical needs in violation of
his constitutional rights. At trial be presented expert testimony from
Steve J. Martin of Austin, Texas (correction consultant/attorney) and
Daniel D. Anderson of Folsom, California (orthopedic surgeon). The
defendant prison officials claimed the shooting was justified and that the
deprivation of access to Garcia's crutches and brace caused him no
permanent damage.
After a 10-day trial and 5 days of deliberating a jury unanimously found in
Garcia's favor. He was consequently awarded $75,000 in punitive damages and
$l nominal damages against Charles Marshall, and $1 nominal damages against
Glen Rodman. The defendants' positions were not given. Garcia was
represented by Robert F. Borten and Joel S. Jacobs of the San Francisco
firm Heller, Ehrman, White, & McAuliffe. Judge Thelton E. Henderson
presided. See: Garcia v. Marshall, USDC ND CA, Case No. 943282, 1997 WL 638843.
District of California awarded $75,002 to a prisoner who was shot by a
prison guard and deprived of medical equipment prescribed to help him walk.
While fighting on the prison recreation yard plaintiff Salvador Garcia was
shot in the leg by guard Daniel Loeffelholz. Following the shooting, Garcia
claimed guards and prison officials deprived him of crutches and a leg
brace for extended periods of time. Both had been prescribed by a doctor to
help him walk without falling.
Garcia sued multiple guards and prison officials alleging excessive force
and deliberate indifference to his serious medical needs in violation of
his constitutional rights. At trial be presented expert testimony from
Steve J. Martin of Austin, Texas (correction consultant/attorney) and
Daniel D. Anderson of Folsom, California (orthopedic surgeon). The
defendant prison officials claimed the shooting was justified and that the
deprivation of access to Garcia's crutches and brace caused him no
permanent damage.
After a 10-day trial and 5 days of deliberating a jury unanimously found in
Garcia's favor. He was consequently awarded $75,000 in punitive damages and
$l nominal damages against Charles Marshall, and $1 nominal damages against
Glen Rodman. The defendants' positions were not given. Garcia was
represented by Robert F. Borten and Joel S. Jacobs of the San Francisco
firm Heller, Ehrman, White, & McAuliffe. Judge Thelton E. Henderson
presided. See: Garcia v. Marshall, USDC ND CA, Case No. 943282, 1997 WL 638843.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Garcia v. Marshall
| Year | 1997 |
|---|---|
| Cite | USDC ND CA, Case No. 943282, 1997 WL 638843 |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 75002 |
| Injunction Status | N/A |