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$1,000 Jury Award in Indiana Negligence Claim Arising from Prisoner’s Assault

An Indiana state jury awarded $1,000 to a prisoner for injuries sustained in a prisoner-on-prisoner assault. The jury’s award was for a state law negligence claim, but the jury found for the defendants on the civil rights claim.

Lyle Kelsaw alleged in his 42 U.S.C. § 1983 and negligence complaint that on September 12, 2005 he was physically assaulted by Edward Wallace, another prisoner in an Allen County Jail holding cell. He contended that Wallace should have been in segregation because of his high profile status and a fight he had recently been in with another prisoner.

It was further asserted by Kelsaw that the Allen County, Indiana Sheriff’s policy of putting all prisoners together when taken to court appearances led to the assault and violation of his Fourth and Eighth Amendment rights by neglecting his duty to exercise reasonable care.

Kelsaw was represented by Fort Wayne, Indiana attorney Christopher C. Myers. See: Kelsaw v. Allen County Sheriff, Indiana Allen Superior Court, Case No. 02D01-0611-CT.

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Related legal case

Kelsaw v. Allen County Sheriff