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Florida: Assaulted Escambia County Prisoner Awarded $1,000,000
In this case published by the Florida. Jury Verdict Reporter in October
1989, an Escambia County, Florida, jury awarded $1,000,000 to a man who
suffered organic brain damage and paralysis after being attacked by another
prisoner in an. Escambia County jail.
In November, 1984, plaintiff Thomas Dunagan, a pretrial prisoner, was
attacked by fellow prisoner William George Kunkel. During the attack,
Kunkel choked Dunagan until he was unconscious and drove two ball point
pens through Dunagan's eye sockets. Dunagan suffered organic brain damage
and paralysis as a result of the attack.
Dunagan sued. Escambia County Sheriff Vince Seely alleging that the
sheriff, through his agents, negligently violated established policies and
procedures implemented to prevent prisoner-on-prisoner assaults. These
policies and procedures included the opening of cell doors for only two
minutes twice an hour. Dunagan claimed that the sheriff, through his
agents, failed to properly supervise him by allowing the cell doors to
remain open, and consequently, allowed Kunkel to enter his cell and attack him.
The sheriff defended alleging that jail officials owed Dunagan only
ordinary and reasonable care; that jail officials had no prior knowledge
that Dunagan was in danger of being assaulted, or at least had no reason to
anticipate such danger; and that jail officials cannot be held liable
absent actual or constructive notice that a particular prisoner faces some
type of harm.
Represented by J. Michael Fapantonic and Lefferts I. Mahie, Jr. of the
Pensacola law firm Levin, Niddlebrooks, et al., a jury found for Dunagan
and. awarded him $1,000,000. See: Dunagan v. Seely, Escambia. County
(circuit court), Case No. 86-5245.
Source: Florida Jury Verdict Reporter
1989, an Escambia County, Florida, jury awarded $1,000,000 to a man who
suffered organic brain damage and paralysis after being attacked by another
prisoner in an. Escambia County jail.
In November, 1984, plaintiff Thomas Dunagan, a pretrial prisoner, was
attacked by fellow prisoner William George Kunkel. During the attack,
Kunkel choked Dunagan until he was unconscious and drove two ball point
pens through Dunagan's eye sockets. Dunagan suffered organic brain damage
and paralysis as a result of the attack.
Dunagan sued. Escambia County Sheriff Vince Seely alleging that the
sheriff, through his agents, negligently violated established policies and
procedures implemented to prevent prisoner-on-prisoner assaults. These
policies and procedures included the opening of cell doors for only two
minutes twice an hour. Dunagan claimed that the sheriff, through his
agents, failed to properly supervise him by allowing the cell doors to
remain open, and consequently, allowed Kunkel to enter his cell and attack him.
The sheriff defended alleging that jail officials owed Dunagan only
ordinary and reasonable care; that jail officials had no prior knowledge
that Dunagan was in danger of being assaulted, or at least had no reason to
anticipate such danger; and that jail officials cannot be held liable
absent actual or constructive notice that a particular prisoner faces some
type of harm.
Represented by J. Michael Fapantonic and Lefferts I. Mahie, Jr. of the
Pensacola law firm Levin, Niddlebrooks, et al., a jury found for Dunagan
and. awarded him $1,000,000. See: Dunagan v. Seely, Escambia. County
(circuit court), Case No. 86-5245.
Source: Florida Jury Verdict Reporter
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Related legal case
Dunagan v. Seely
| Year | 1989 |
|---|---|
| Cite | Escambia. County (circuit court), Case No. 86-5245 |
| Level | State Trial Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 1,000,000.00 |
| Injunction Status | N/A |
no case text.