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Death Row Prisoner Awarded One Dollar For Lung Damage
California State death row prisoner Dennis Ervine claimed Eighth Amendment
violation where alleged bacteria from a dental procedure caused respiratory
damage. After dismissal of key testimony from former prison personnel, on
March 27, 2006, the jury found no conscious attempt to hurt Ervine and
awarded him one dollar.
Ervine underwent a dental procedure which allegedly released bacteria that
entered his lungs causing respiratory damage. He stated that he submitted
several requests to see a doctor which were ignored. He brought a 42 U.S.C.
§ 1983 suit pro se against the prison and various employees claiming
deliberate indifference to his medical needs. The court dismissed claims
against the prison itself under Eleventh Amendment immunity. The defense
claimed they weren't deliberately indifferent because they were simply
unaware of his condition and that once he appeared to need care they
immediately provided assistance. Ervine was diagnosed with anaerobic
pneumonia and thoracic empyema and spent six days in Intensive Care for a
thoracotemy to remove build up in and on his right lung. The plaintiff's
expert pulmonologist said he would likely have future difficulties.
The U.S. District Court for the Northern District of California granted a
defense motion barring former administrator's testimony, which would have
been devastating to the defendants, and also granted the defense's motion
in limine barring a recent federal court decision to appoint a health care
receiver for California prisons. The jury found no conscious attempt to
harm Ervine and awarded him one dollar. See: Ervine v. Clarke. USDC ND CA,
Case No. 00 3274,.
violation where alleged bacteria from a dental procedure caused respiratory
damage. After dismissal of key testimony from former prison personnel, on
March 27, 2006, the jury found no conscious attempt to hurt Ervine and
awarded him one dollar.
Ervine underwent a dental procedure which allegedly released bacteria that
entered his lungs causing respiratory damage. He stated that he submitted
several requests to see a doctor which were ignored. He brought a 42 U.S.C.
§ 1983 suit pro se against the prison and various employees claiming
deliberate indifference to his medical needs. The court dismissed claims
against the prison itself under Eleventh Amendment immunity. The defense
claimed they weren't deliberately indifferent because they were simply
unaware of his condition and that once he appeared to need care they
immediately provided assistance. Ervine was diagnosed with anaerobic
pneumonia and thoracic empyema and spent six days in Intensive Care for a
thoracotemy to remove build up in and on his right lung. The plaintiff's
expert pulmonologist said he would likely have future difficulties.
The U.S. District Court for the Northern District of California granted a
defense motion barring former administrator's testimony, which would have
been devastating to the defendants, and also granted the defense's motion
in limine barring a recent federal court decision to appoint a health care
receiver for California prisons. The jury found no conscious attempt to
harm Ervine and awarded him one dollar. See: Ervine v. Clarke. USDC ND CA,
Case No. 00 3274,.
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Related legal case
Ervine v. Clarke
| Year | 2006 |
|---|---|
| Cite | USDC ND CA, Case No. 00 3274 |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 1 |
| Injunction Status | N/A |