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| Teen Will Sue Indiana Over Prison Injuries |
| By Indianapolis Star |
| Published: 07/02/2003 |
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A former inmate paralyzed after a struggle at an Indiana prison for juveniles has taken the first step toward filing a lawsuit against the state. Joseph Roberts, 18, now is a quadriplegic being cared for by his parents. Shawn James, a former officer at the Plainfield Correctional Facility, faces criminal charges in the attack, which apparently was triggered by a dispute over television privileges. A lawyer for Roberts said recently that he sent state officials a letter notifying them that the teen intends to sue. Indiana Department of Correction officials declined to comment, referring all questions to the state attorney general's office, which investigates such claims. In 2002, state taxpayers shelled out $1.7 million for legal claims against the prison system, said the attorney general's spokeswoman, Staci Schneider, who also declined to discuss Roberts' claim. Records do not show how much of that amount was paid as a result of inmate injuries. Department of Correction records show that in 2002, 49 inmates were injured by officers using excessive force. Correction officials fired six prison officers in 2002 for injuring inmates. State records show three others still face dismissal, and 15 other officers were disciplined or resigned. Roberts, who was being held at Plainfield for violating probation imposed after he pleaded guilty to arson, was injured Dec. 26. According to court records, James grabbed Roberts in a wrestling hold, lifted him off his feet and slammed him to the floor. Roberts was rushed to Wishard Memorial Hospital, where doctors determined he had a broken neck. Wishard surgeons urged an experimental procedure to help stimulate Roberts' nerves, but federal regulations bar using experimental medical procedures on prisoners. State officials released Roberts from custody so doctors could operate. But, because he was no longer an inmate, the state would no longer pay for treatment. Roberts' attorney, Ross G. Thomas, said recently that Roberts' parents have little income. While Thomas would not estimate potential damages, he said they would be substantial. 'He will require lifetime medical care and could require additional surgery,' Thomas said. 'It is likely he will require constant care.' Indiana law limits the state's liability to $300,000, but that would not apply in a suit filed in federal court. James was fired Dec. 30. He was later arrested on charges of aggravated battery and neglect of a dependent, and is scheduled for trial Oct. 21 in Hendricks Superior Court. |
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