D.C. inmate suits rack up millions

Legal settlements from accusations of civil rights violations, negligence, assaults and other complaints against the D.C. Department of Corrections are costing city taxpayers millions of dollars.

Payments include $18,500 to an inmate who said his finger was severed when a corrections officer shut a gate on his hand, $12 million on behalf of thousands of inmates subjected to illegal strip-searches and detained for too long, and $1 million to the family of Jonathan Magbie, a paralyzed inmate who died while in custody.

Records obtained by The Washington Times through the Freedom of Information Act show that since fiscal 2004, the District has authorized dozens of payments to settle lawsuits against the corrections department.

So far, there have been nine settlements in 2007, including $1 million to settle Mr. Magbie’s case. Sentenced to 10 days in jail for marijuana possession in 2004, the quadriplegic died in custody after having breathing problems.

There were $12.6 million in settlements paid out in fiscal 2006, the most costly a $12 million payment to settle a class-action suit filed on behalf of thousands of inmates over illegal strip-searches and overdetentions.

“One way of looking at it is the cost to taxpayers,” said D.C. Council member Phil Mendelson, at-large Democrat and chairman of the council’s judiciary committee, which oversees the jail. “But the bigger cost is if people’s constitutional rights are being violated.”

Devon Brown, who became director of the department last year, said yesterday that he and senior staffers review each lawsuit that results in settlements or judgments “to improve our operations.”

Without commenting on specific suits, he said some cases have resulted in personnel changes.

The District is not alone in struggling with inmate lawsuits. Corrections Professional, a trade industry publication, last year reported that inmate lawsuits claiming excessive force were escalating across the country and draining budgets.

In fiscal 2005, the District settled 22 lawsuits filed against the department that resulted in more than $1.6 million in payments. Of 41 cases in 2004, the largest was a $500,000 payment to settle claims of negligent hiring and training.

George C. Valentine, deputy attorney general for the District, said he could not comment on individual settlements because of the confidential attorney-client privilege.

However, he said attorneys’ deciding whether to settle cases generally weigh such factors as the merits of the claim, input from city agencies and likely outcomes.

“We ask what’s the likelihood of us prevailing in front of a jury,” he said. “Sometimes we feel it’s in the best interest of the public to resolve a case.”

He also said the D.C. Attorney General’s Office tries to help agencies limit their chances of being sued by alerting them about trends in the type of cases being filed against the District.

“There’s constant discussion,” he said. “Part of what we do is risk management in the context of defending cases.”

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