Kansas Pays $150,000 for Prisoner Killed by Cellmate, Centurion Settlement Confidential
Kansas state prisoner Gary Lee Raburn, 62, was incarcerated at the Lansing Correctional Facility on January 6, 2023, when he was fatally strangled by his cellmate, Ladarious R. Barkers, 25.
According to the complaint later filed on his behalf, Raburn was “approximately 37 years older than Barkers and physically infirm, and although prison staff knew or should have known of Barkers’ violent propensities, they failed to take reasonable steps to protect Raburn … and as a result, Raburn was exposed to an unreasonable risk of harm and suffered fatal injuries.”
Raburn was in prison for violating the state’s sex offender registry law. Barkers had been convicted of three counts of aggravated robbery and one count of aggravated battery, and he had amassed around 100 disciplinary infractions while incarcerated—including for threats and acts of violence. He has since been charged with Raburn’s murder and was awaiting a mental health evaluation as of January 2025.
The death was investigated by the Kansas Bureau of Investigation (KBI), which noted that when guards arrived at the cell the two prisoners shared, Barkers told them: “That old man is dead” and “I killed him.” He also said, “Mental health didn’t believe me”; a KBI agent found a handwritten note in the cell that stated, “Mental health didn’t take me serious, they didn’t care, will you listen now?” The note was signed “L. Barkers.”
A KBI agent recorded that Barkers said “a voice in his head told him that if he hurt his cellmate the [mental health] staff at Lansing Correctional Facility would take him more seriously.” Medical and mental health care at Lansing was provided by the state subsidiary of Centurion Health, a for-profit company under contract with the state Department of Corrections (DOC).
Raburn’s daughter and brother, as co-administrators of his estate, filed a wrongful death suit against the DOC in July 2023, later adding Centurion of Kansas, LLC as a defendant. The company was accused of failing to provide Barkers with adequate mental health care, which contributed to his fatal assault on Raburn. The complaint was brought under the Kansas Tort Claim Act, K.S.A. 75-6101.
Both the state defendants and Centurion agreed to settle the case in November 2024. A confidential settlement with Centurion was approved by the Leavenworth County District Court on November 14, 2024. Five days later, on November 19, 2024, the State Finance Council approved a $150,000 settlement of the claims against DOC.
Raburn’ s estate was represented by the law firm of Atkinson, Brittingham, Gladd, Fiasco & Edmonds. See: Raburn v. Kan. Dep’t of Corr., Kan. Dist. (Leavenworth Cty.),Case No. LV-2023-CV-000216.
Additional source: Topeka Capital-Journal
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Related legal case
Raburn v. Kan. Dep't of Corr.
| Year | 2024 |
|---|---|
| Cite | Kan. Dist. (Leavenworth Cty.), Case No. LV-2023-CV-000216 |
| Level | State Trial Court |