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$750,000 Settlement for Colorado DOC Guard Death At Hands Of BOP Training Instructors

Colorado state resident Pamela Perse brought a federal tort action against the United States in 1995 after Federal Bureau of Prisons (BOP) personnel's negligence resulted in the death of her husband. The suit settled for $750,000 in 1997.

Marc Perse was a guard employed by the Colorado Department of Corrections and was participating in a training session in 1994 at the Cadet Field house at the United States Air Force Academy in Colorado Springs. Two BOP guards were assisting Perse, an instructor, during an Australian style rappelling exercise and improperly hooked the ropes to the device. Perse, unable to control his descent, fell to the ground level platform and died two hours later. Pamela brought an action under the Federal Tort Claims Act alleging "economic losses, out of pocket expenses, grief, loss of companionship, pain and suffering and distress." She further alleged negligence for not having a safety device installed on the platform to cushion such a fall. Administrative claims were denied.

The U.S. District Court for the District of Colorado approved the settlement with no admission of guilt and the parties were ordered to pay their own litigation costs. See: Perse v. United States, USDC, D. Colo., Case No. 96 WY 1739 WD (July 10, 1997).

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Perse v. United States

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