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$45,000 Settlement For Refusal To Reset Federal Prisoner's Broken Wrist

Kansas federal prisoner Arthur Mitchell brought a federal tort action against the United States in 2001 after prison physicians refused to correct the misalignment of his broken wrist. The suit settled for $45,000.

Mitchell was incarcerated at the Federal Prison Camp at Leavenworth, Kansas. In 1995, while playing softball, he broke his left wrist which was set by a prison physician. Mitchell allegedly filed numerous complaints for pain and the hindered usage of his hand which led to x rays that showed that the fracture was improperly set. At a subsequent examination an orthopedic surgeon urged the correction of the misalignment which was ignored by prison physicians. Mitchell brought the action under the Federal Tort Claims Act for deliberate indifference and a breach of a duty of care resulting in disability, pain and suffering and subjection to cruel and unusual punishment under the Eighth Amendment, requesting $300,000 in damages and litigation costs.

The U.S. District Court for the Western District of Missouri approved the settlement., with a stipulation for no admission of guilt and that both parties pay their own costs and fees. See: Mitchell v. United States, USDC, W.D. Mo., Case No. 01 0742 cv w sow (Dec. 30, 2002).

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Related legal case

Mitchell v. United States

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