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| Judge may allow lawsuit to proceed over California inmate who died after being pepper-sprayed |
| By sacbee.com- Sam Stanton & Denny Walsh |
| Published: 12/08/2015 |
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State corrections officials have failed to rid themselves of a civil rights lawsuit over the death of a mentally ill inmate who breathed through a tube and was pepper-sprayed in his face at point blank range. In a 29-page order issued Monday, U.S. District Judge Troy L. Nunley dismissed most of the complaint, filed last year on behalf of Joseph Duran’s parents. He ruled that it failed in some respects to establish standing on the part of the parents to sue, and failed in other respects to provide a sufficient legal basis for the claims. But rather than dismissing the suit permanently as was sought by the corrections officials, the judge allowed plaintiffs’ attorney Stewart Katz to cure the problems with a revised complaint by Dec. 28. If some or all of the claims in the amended complaint meet the legal standards set out by Nunley, the lawsuit will proceed. The amended complaint is almost certain to draw another motion to dismiss from the prison officials on legal grounds. Read More. |
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