Attorney says JTVCC lawsuit won’t hold up in court
An inmate from Vaughn Correction Center is now looking to federal court, claiming that he was treated unlawfully by Departments of Correction employees in the aftermath of the hostage incident.
The 14-page lawsuit filed by Donald Parkell, an inmate at the Vaughn Correctional Center, accuses Warden David Pierce and an unknown number of John and Jane Does of misconduct.
We took the lawsuit to defense attorney Luke Rommel to ask him if he thought the lawsuit would stand up in court.
Rommel said Parkell did a good job of describing the events in a fair and objective way, however, "That being said it's just extremely difficult to get past a motion to dismiss in any sort of prison misconduct lawsuit."
The documents describe alleged activities at the prison after the hostage situation was resolved on February 2nd.
Parkell outlines a number of claims like correctional officers kicking and stomping inmates immediately after tactical teams regained control of Building C the day of the standoff. He also alleges that the prison had inmates go without linens for a week after the event.
However Rommel said Parkell will still have a tough time proving that it was cruel and unusual punishment especially given the scenario.
"In a case where you have a riot, in which the circumstances were chaotic at minimum I think you're going to have a hard time meeting that particular burden or set of burdens," Rommel said.
In fact federal law on the conditions of confinement clearly state to sustain a claim for cruel and unusual punishment an inmate must prove denial of minimal civilized measure of life's necessities occurring through deliberate indifference by prison personnel or officers.
In laymen's terms they'd have to prove that the conditions were inhumane and the correctional officers meant to put them in that position.
Rommel said that unless Parkell or any prisoner can prove that the court won't step in.
"It's not the courts power to manage prisons or the capacity to second guess prison administrators," Rommel said.
No motion to dismiss has been filed by the state yet, however Rommel expects one to come in the following weeks.
