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| Former Connell prisoner sues state, corrections employees |
| By tri-cityherald.com |
| Published: 07/13/2012 |
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Connell, WA -- A former Connell prisoner almost beaten to death by his cellmate is suing the state and 45 Department of Corrections employees in federal court for failing to keep him safe while locked up. Scott William McDonald, 48, was seriously hurt -- including suffering a brain injury and loss of his left eye -- when he was attacked with a smudge pot three years ago at Coyote Ridge Corrections Center. His cellmate, Kenneth Smith, 35, is facing a Sept. 19 trial in Franklin County Superior Court on charges of attempted first-degree murder and first-degree assault. Smith, who is now being held at the Washington State Penitentiary in Walla Walla, would face a mandatory life sentence if convicted and if prosecutors prove he's a "persistent offender" with two previous convictions for "a most serious offense." The lawsuit, filed in U.S. District Court in Richland, alleges the Department of Corrections and its employees failed to properly care for McDonald when they made him stay in the same cell with Smith, who had a higher custody classification and a history of violent offenses. Hoquiam attorneys Paul L. Stritmatter and Karen K. Koehler, who are representing McDonald, also claim the state and other staff members at Coyote Ridge improperly allowed Smith to have a religious smudge pot in his cell. Smudge pots are used in some Native American and Wiccan ceremonies to burn incense or sage and create smoke. Inmates must register their religious belief to have "a sacred item," like a smudge pot or a rosary, and the items must first pass approval. Court documents allege that the corrections department violated its own policies by allowing Smith to have the cast iron pot rather than one made of wood or seashell. Cast iron is a material banned by the agency because of its ability to be used as a weapon, documents said. Read More. |
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