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Wyo. Inmate Beating Lawsuit Settled
By Associated Press
Published: 05/30/2003

The American Civil Liberties Union (ACLU) and the state settled the damages portion of a lawsuit filed by a Wyoming State Penitentiary (WSP) inmate who was beaten in his cell by other inmates.
The amount of damages the state paid to settle the civil rights lawsuit filed by inmate Brad Skinner will not be disclosed, according to a release from ACLU attorney Stephen L. Pevar on May 20.
As part of the settlement, Skinner's attorneys, including Pevar and Wyoming volunteer attorneys Timothy C. Kingston and Shirley Kingston, are authorized to seek an award of reasonable attorneys' fees and costs.
The agreement means the lawsuit filed by Skinner against former Department of Corrections (DOC) director Judy Uphoff and three other former and present prison officials won't go to trial June 16 before Federal Judge Clarence Brimmer as originally scheduled.
The lawsuit also contained a separate, class action claim to compel WSP officials to adopt policies to insure inmates are protected from assault by other inmates.
The judge ordered both sides in the lawsuit to submit a remedial plan. Pevar said Brimmer is currently reviewing that proposed remedial plan.
'All of us are pleased with the settlement,' Pevar said in a release, 'The defendants admitted violating Mr. Skinner's rights, and have developed new policies and practices designed to prevent such tragic errors from recurring.'
'Only time can tell, but clearly the prison is now on the right track and we commend them for their efforts,' he added.
Brimmer ruled earlier that the defendants 'admitted liability and deliberate indifference' for purposes of compensatory and punitive damages.
Skinner claimed corrections officers in November 1999 ignored his pleas for protection from other inmates who thought he was a 'snitch.' He contends the officers failed to protect him from a vicious beating by other inmates that sent him to the prison infirmary for five weeks.



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