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$500,000 Settlement for Colorado Prisoner Beaten During Seizure

Colorado prison officials agreed to pay $500,000 to settle a lawsuit alleging a guard severely beat a prisoner who was experiencing a seizure.

Prisoner Jayson M. Oslund entered the Colorado Department of Corrections for the second time in September 2010. He had a documented history of epilepsy, for which he was given medication to reduce the possibility of seizures. Despite that history, staff at Sterling Correctional Facility (SCF) refused to provide him medication to treat his epilepsy.

Oslund was sent from his food service job assignment on March 7, 2013, because he was feeling ill. Once he returned to his housing area on the second tier, Oslund experienced a seizure. He fell and split his head open and was knocked unconscious. He required five stitches. Later that day, Oslund had a second seizure.

When guard Mitchell Mullen arrived, he grabbed Oslund while he was convulsing and yelled, “Stop resisting.” Mullen then began to slam Oslund’s head into the ground.

Oslund awoke disoriented and dizzy to find himself in an isolation cell. When he asked a guard why he was in segregation, the guard responded, “I don’t have time for you.” Oslund informed him that he could not walk, and a wheelchair was provided when he was returned to his housing area. He was not provided care for the inability to walk and remains in a wheelchair.

Oslund, acting pro se, sued on March 5, 2015. He was subsequently represented by Zachary Warren of the Highlands Law Firm.

The matter proceeded to trial and a jury awarded Oslund $6 million. That award was rescinded and on December 16, 2019, a settlement that paid Oslund $500,000 was reached.

The settlement also provides that Oslund was to be transferred to a prison closer to his mother and that he receive care from specialists to evaluate his medical condition. See: Oslund v. Mullen, USDC, D. Colorado, Case No. 1:15-cv-00491. 

 

Related legal case

Oslund v. Mullen