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$150,000 Settlement in Wrongfully-Convicted Texan's Lawsuit
In March 2006, the Texas Department of Criminal Justice (TDCJ) settled for $150,000 a lawsuit brought by the guardian of a wrongfully-convicted man who was beaten by another prisoner and suffered permanent severe brain damage.
Richard Danziger, a former Texas prisoner, was wrongly convicted of murder and subsequently exonerated. While in prison, Danziger was severely beaten by another prisoner and suffered permanent profound brain damage. His sister and guardian, Barbara Oakley, has to care for him round the clock.
Oakley filed several suits on her brother's behalf related to the wrongful conviction and his treatment in prison. In the instant suit, Oakley alleged that TDCJ security and medical officials committed torts against Danziger and violated his rights under the Rehabilitation Act, 29 U.S.C. § 791. She filed a lawsuit in state district court under the Rehabilitation Act and the Texas Tort Claims Act, § 101.001, et seq., Texas Civil Practice & Remedies Code. TDCJ settled the lawsuit for $150,000. This bars all future claims against state officials, but does not affect the three other pending lawsuits Oakley filed under Chapter 103. Oakley was represented by the law firm of Whitehurst, Harkness, Ozmun & Brees, P.C.
See: Oakley v. Texas Department of Criminal Justice, 320th Jud. Dist., Potter Co., Tex., No. 92761-D
Richard Danziger, a former Texas prisoner, was wrongly convicted of murder and subsequently exonerated. While in prison, Danziger was severely beaten by another prisoner and suffered permanent profound brain damage. His sister and guardian, Barbara Oakley, has to care for him round the clock.
Oakley filed several suits on her brother's behalf related to the wrongful conviction and his treatment in prison. In the instant suit, Oakley alleged that TDCJ security and medical officials committed torts against Danziger and violated his rights under the Rehabilitation Act, 29 U.S.C. § 791. She filed a lawsuit in state district court under the Rehabilitation Act and the Texas Tort Claims Act, § 101.001, et seq., Texas Civil Practice & Remedies Code. TDCJ settled the lawsuit for $150,000. This bars all future claims against state officials, but does not affect the three other pending lawsuits Oakley filed under Chapter 103. Oakley was represented by the law firm of Whitehurst, Harkness, Ozmun & Brees, P.C.
See: Oakley v. Texas Department of Criminal Justice, 320th Jud. Dist., Potter Co., Tex., No. 92761-D
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Related legal case
Oakley v. Texas Department of Criminal Justice
| Year | 2006 |
|---|---|
| Cite | 320th Jud. Dist., Potter Co., Tex., No. 92761-D |
| Level | State Trial Court |
| Conclusion | Settlement |
| Damages | 150,000.00 |
| Injunction Status | N/A |