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Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison
Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia
prisoner due to overcrowding. The Virginia prison had no accommodations for
his handicap. He fell and injured his back in the shower. The Virginia
guards made fun of his congenital handicap. Hubbard sued James Zummer, the
resident monitor for Michigan prisoners , and Nick Ludwick, a periodic
monitor for Michigan prisoners in Virginia prisons, and the Michigan
Department of Corrections (DOC), claiming that the DOC violated the
Americans With Disabilities Act (ADA) and Rehabilitation Act (RA) and
Ludwick and Zummer violated his Eighth Amendment U. S. constitutional
rights. On April 17, 2002, a jury awarded nothing against Zummer, $1 in
compensatory damages and $76,000 in punitive damages against Ludwick, and
$30,400 on the ADA claim and $30,400 on the RA claim against the DOC.
Plaintiff was represented by Erica M. Eisinger of Detroit. The judge
granted defendant's motion for remittitur on the punitive damages and
reduced them from $76,000 to $500. Defendants appealed. See: Hubbard v.
Zummer, Case No. 2:00-cv-71457 (U.S D.C. MI 2002).
prisoner due to overcrowding. The Virginia prison had no accommodations for
his handicap. He fell and injured his back in the shower. The Virginia
guards made fun of his congenital handicap. Hubbard sued James Zummer, the
resident monitor for Michigan prisoners , and Nick Ludwick, a periodic
monitor for Michigan prisoners in Virginia prisons, and the Michigan
Department of Corrections (DOC), claiming that the DOC violated the
Americans With Disabilities Act (ADA) and Rehabilitation Act (RA) and
Ludwick and Zummer violated his Eighth Amendment U. S. constitutional
rights. On April 17, 2002, a jury awarded nothing against Zummer, $1 in
compensatory damages and $76,000 in punitive damages against Ludwick, and
$30,400 on the ADA claim and $30,400 on the RA claim against the DOC.
Plaintiff was represented by Erica M. Eisinger of Detroit. The judge
granted defendant's motion for remittitur on the punitive damages and
reduced them from $76,000 to $500. Defendants appealed. See: Hubbard v.
Zummer, Case No. 2:00-cv-71457 (U.S D.C. MI 2002).
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Related legal case
Hubbard v. Zummer
| Year | 2002 |
|---|---|
| Cite | Case No. 2:00-cv-71457 (U.S D.C. MI 2002). |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 136501 |
| Injunction Status | N/A |