$600,000 Settlement in New Orleans Detainee’s Death
A $600,000 settlement was reached in the death of a pre-trial detainee at Orleans Parish Prison (OPP). At least five other lawsuits are pending in the deaths of other detainees.
Cayne Miceli is one of at least 44 people to die at OPP between 2006 and 2015. Miceli, 43, was arrested on January 4, 2009, just hours after admitting herself to the Tulane Medical Center following an asthma attack. She panicked and fought hospital personnel when they tried to discharge her.
She was accused of biting the ankles of a hospital security guard and booked on municipal charges of disturbing the peace, resisting arrest, and battery on an officer. Her asthma attacks continued at OPP, and she was denied proper medication and treatment, her family said.
Miceli struggled with depression in the past, and at one point she attempted suicide, say OPP officials. They then placed her in five point restraints. Less than five hours later, Miceli stopped breathing. She had been without a pulse for 25 minutes when paramedics arrived. She died on January 6, 2009.
The October 1, 2014 settlement required three payments; the last was due on September 15, 2016. Sheriff Marlin Gusman agreed to pay judicial interest if late on payments. The estate was represented by New Orleans attorney Mary Howell, and the New York firm of Neufeld, Scheck, & Brustin. See: Miceli v. Gusman, USDC, E.D. Louisiana, Case No 09-8078.
Additional sources: nola.com, The Times-Picayune
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Related legal case
Miceli v. Gusman
| Year | 2016 |
|---|---|
| Cite | USDC, E.D. Louisiana, Case No 09-8078 |
| Level | District Court |
| Conclusion | Settlement |
| Damages | 600,000 |
| Injunction Status | N/A |