- Associated Press - Wednesday, March 16, 2016

LINCOLN, Neb. (AP) - A former Lincoln Correctional Center inmate who was brutally beaten by another inmate has lost his lawsuit against the state of Nebraska.

The Lincoln Journal Star (https://bit.ly/1SSsWqt ) reports that 59-year-old Rudy Rosales had sought $2.75 million from the state, plus $500,000 in medical bills, for negligence because a guard had let the attacker into his cell in November 2011.

Judge Darla Ideus ruled Monday that Rosales had failed to prove that the state had been negligent.

“While inmates are under direct supervision, it is unreasonable to expect the case worker or the facility are capable or should be capable of watching every inmate every second,” the judge said.

Ideus found that the state didn’t know about the risk the other inmate posed, and therefore didn’t fail in its duty to protect Rosales. Ideus also rejected Rosales’ claim that the prison nurse who saw him hadn’t given him proper medical care.

A neurosurgeon who testified for the state said even if the nurse had she couldn’t have predicted Rosales had bleeding on his brain.

At trial, attorney Herb Friedman called Rosales’ injuries “as severe as you’ll find short of death” and argued that the prison was negligent for failing to follow procedure for returning inmates to their protective custody cells one at time after they ate.

Assistant Nebraska Attorney General Bijan Koohmaraie countered that in prison, fights happen.

“There is absolutely no duty to prevent every fight, assault or altercation from happening,” he argued successfully.

Rosales was treated in the hospital for five months after the assault.


Information from: Lincoln Journal Star, https://www.journalstar.com

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