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$2,500 Settlement for Chicago Man Injured by Tight Shackles

by Joe Watson

Markus Durden-Bey accepted a $2,500 settlement from the City of Chicago in July 2008 after alleging that, during his arrest by Chicago Police for drug possession on Feb. 20, 2007, he suffered numbness, swelling, and bleeding due to shackles placed around his ankles too tightly. He had originally asked the city to pay him $50,000.

When he notified Larry Dotson and Terrance Moran--the arresting officers who then transported him to the Cook County Jail--of the pain he was suffering, Durden-Bay, as written in his pro se complaint, was ignored. And for the first three weeks of his incarceration at the Cook County Jail following his arrest, Durden-Bey claimed that his complaints for treatment were also neglected by medical staff, including CMT Lena Colon, Nurse Patricia Outlaw-Clay, Dr. Eileen Couture and Physician Assistant Carlos Altez.  

Durden-Bey first lodged his pro se complaint with the U.S. District Court for the Northern District of Illinois. He also filed a motion to proceed in forma pauperis (indigent status) and another motion for appointment of counsel. In June 2007, Judge Robert W. Gettleman granted the motion for leave to proceed in forma pauperis, appointed counsel, and dismissed the complaint without prejudice to appointed counsel filing an amended complaint within 60 days.

Through Dean J. Lurie, his court-appointed counsel, Durden-Bey alleged civil rights violations of 42 U.S.C.S. § 1983, failure to provide medical treatment under § 1983, assault and battery, and respondeat superior. On July 2, 2008, a stipulation to dismiss the matter as to the City, Dotson, and Moran reached a settlement agreement. The settlement agreement provided for the payment of $ 2,500.00 to Durden-Bey from the City and the dismissal of all of Durden-Bey’s claims against the City, Dotson, and Moran. See Durden-Bey v. City of Chicago, U.S.D.C. (N.D. Ill.), Case No. 1:07-CV-3321.

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Related legal case

Durden-Bey v. City of Chicago