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Soledad officer sues inmate over attack
By Monterey Herald
Published: 06/07/2004

Marshall Denning had been a correctional officer at Salinas Valley State Prison in Calif. for nine months when he was assaulted and stabbed while patrolling a maximum security cell block.
An inmate at the Soledad prison thrashed him with a crude metal shank, gouging his neck and slicing his hands in June 2003.
"It kind of split the skin open like a little window into the bones of the hand," Denning said. "When I moved my fingers I could actually see the metacarpal bones moving back and forth."
Violent attacks are nothing new in California's prisons, but Denning's response is novel. He has filed a lawsuit against three inmates in Monterey County Superior Court, seeking civil damages.
A growing number of correctional officers are turning to lawsuits to punish violent inmates, draw attention to the hazards of the job and squeeze out whatever monetary compensation they can. It is a new tactic that has energized many correctional officers while disturbing Department of Corrections management and prisoner advocates.
While several such cases have been filed throughout the state in recent months, they were all small claims matters. The Denning lawsuit is the first such case in California to be filed in a Superior Court, according to the California Staff Assault Task Force.
Criminal charges are pending against the inmates accused of assaulting Denning, but the lawsuit goes a step further by seeking monetary damages. While no amount is specified, Denning's lawyer, Rob Parris of Lancaster, said his client's injuries were so extensive that he could seek hundreds of thousands of dollars. He does not expect to get much money, though, given the likely financial status of the defendants.


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