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DOC wants wrongful death suit moved to federal court |
By argusleader.com - John Hult |
Published: 05/04/2012 |
The state Department of Corrections wants a wrongful death lawsuit filed by the widow a slain corrections officer moved to federal court. Lynette Johnson, widow of Ronald “R.J.” Johnson, filed suit against the DOC and several current and former employees of the penitentiary last week, claiming their actions put her husband’s life in immediate danger. The DOC’s lawyer in the case, James Moore of Woods Fuller law firm in Sioux Falls, said each claim in Lynette Johnson’s lawsuit ought to be argued in federal court. The first count against the DOC alleges that Ron Johnson’s constitutional due process rights were violated when the state put him in a dangerous situation with knowledge that his life would be in danger. “It’s the DOC’s position that the federal court has jurisdiction in the matter,” Moore said. A move to federal court would not significantly alter the process by which the lawsuit’s claims would be vetted or lengthen the proceedings, Moore said. The lawsuit claims specifically the prison employers endangered Johnson and other employees by giving maximum-security inmates with histories of escape and violence to work in-house jobs with freedom of movement throughout the facility. Inmates Rodney Berget and Eric Robert, working as laundry orderlies, beat Officer Johnson to death with a metal pipe and wrapped his head in plastic before hiding the body and using his uniform in an escape attempt on April 12, 2011. Read More. |
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