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$2,750 Settlement in California Prisoner’s Denial of Exercise Claim

The California Department of Corrections and Rehabilitation (CDCR) paid $2,750 to settle a prisoner’s Eighth Amendment claim for denial of exercise. The May 7, 2008 settlement came in a lawsuit filed by prisoner Terrell Curry.

In his third amended complaint, Curry alleged that seven guards at Salinas Valley State Prison retaliated against him, violated his First Amendment rights, were responsible for due process and equal protection violations, violated his Eighth Amendment rights by denying him exercise, and were deliberately indifferent to his safety.

The defendants moved for summary judgment, which the U.S. District Court granted on all issues except Curry’s claim for denial of exercise. Following its February 15, 2008 summary judgment order, the Court sent the case to the Pro Se Prisoner Mediation Program.

Acting pro se, Curry settled the matter for $2,750; prison officials were allowed up to 120 days to make the payment due to California’s state budget crisis. See: Curry v. Ponder, U.S.D.C. (N.D. Cal.), Case No. 3:06-cv-03731-MHP.

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Related legal case

Curry v. Ponder