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Washington DOC Pays $52,000 in Bookshelf Injury Resulting in Blindness

In 1987, Charles W. Dickerson, a prisoner then confined at the Oregon State Penitentiary in Salem, Oregon was severely attacked and assaulted by another prisoner. As a result of the incident, Dickerson lost his left eye and his right eye was severely injured. Dickerson was then transferred back to the custody of the Washington Department of Corrections, and was incarcerated in Cedar Hall at the Washington Corrections Center, in Shelton, Washington. In January of 1988, Dickerson hit his right eye against the edge of a bookshelf inside his cell. Dickerson complained about the shelf and asked for assistance by requesting that a protection pad or device be put over the edges of the shelf.

On or about January 29, 1988, the grievance coordinator responded to Dickerson that the grievance coordinator had contacted Sergeant Herzog, and was told that Herzog would contact maintenance to have padding placed on the corners. That was never done and in consequence Dickerson again injured his right eye. On July 10, 1988, Dickerson wrote a letter to Ken Eikenberry, former Attorney General of the State of Washington, and complained about the incidents. In August of 1988, Robert Jones, Assistant Director of the Division of Prisons, for WA DOC responded to Dickerson's letter indicating that he was forwarding Dickerson's letter to Superintendent Peterson. Peterson received a copy of the letter on August 22, 1988. Still nothing was done to remedy the problem and on October 5, 1988, Dickerson would see for the last time as he inadvertently collided with the bookshelf corner, shattering the glasses that he wore. Several months later Dickerson's right eye was surgically removed.

In 1996, Dickerson, through his attorney Mitchell A. Riese from Seattle filed suit as this incident violated his eighth amendment right. And in 1996, the State of Washington and DOC paid Dickerson $500 in attorney fees and $52,000 for the irreparable loss and damages. See: Dickerson v. Peterson, USDC WD WA, case no. C96-5081-JKA.

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Related legal case

Dickerson v. Peterson