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08-25-2005, 02:00 AM
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http://www.kansas.com/images/common/spacer.gifPosted on Thu, Aug. 25, 2005http://www.kansas.com/images/common/spacer.gifhttp://www.kansas.com/images/common/spacer.gif
Inmates who sue get new set of rules
BY DEB GRUVER
The Wichita Eagle
Inmates who sue get new set of rules
Sedgwick County Jail inmates with allegations about conditions there now must exhaust all remedies to resolve their issue before filing a lawsuit.
Commissioners voted Wednesday to require that inmates file a written notice detailing their allegation before pursuing a lawsuit.
That notice must be filed with the Sedgwick County clerk no later than 30 days after the inmate receives a sheriff's office response to his or her grievance or 60 days after the incident in question, whichever is longer.
Sheriff's Maj. Bob Hinshaw said the jail's administration requested the new procedure because of the statute of limitations on lawsuits.
Lawsuits are allowed up to two years after an incident. When an inmate waits that long to file a lawsuit, it's difficult for the sheriff's office to go back and investigate what happened, he said.
The new procedure applies to complaints about "conditions of confinement," which include allegations of lost property -- the most common complaint -- as well as excessive force and insufficient medical care.
In the past 20 months, 185 lost-property cases were reported to detention staff, Hinshaw said. In that time, the jail processed 46,000 inmates.
"Of those 185, some of it we found. Some they didn't care about, and some wanted to be compensated. Of those that wanted compensated, there were four payouts in the last 12 months," he said.
Any time a deputy uses force, he or she must file a case and fill out paperwork that goes to a professional standards unit for review.
In the past 20 months, 210 excessive-use-of-force forms were sent to professional standards. Internal affairs opened seven cases.
"Out of those seven, there was one that was sustained," Hinshaw said.
Two deputies were involved in the incident. Both no longer work for the jail.
In that case, an officer from another law enforcement agency witnessed the incident, and his observation of what happened didn't match that of the deputies'.
The sheriff's office investigated further and found that one deputy instigated an assault while the other covered it up.
The victim settled out of court for $15,000.
Another inmate settled a case for $8,000, alleging he had been kept in jail too long.
Hinshaw said no payouts had been made for insufficient medical care.
Ed Randels, assistant county counselor, and Hinshaw said the new procedure will allow the county to investigate claims more efficiently.
Reach Deb Gruver at 268-6400 or dgruver@wichitaeagle.com (dgruver@wichitaeagle.com).
© 2005 Wichita Eagle and wire service sources. All Rights Reserved.
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http://www.kansas.com/images/common/spacer.gifPosted on Thu, Aug. 25, 2005http://www.kansas.com/images/common/spacer.gifhttp://www.kansas.com/images/common/spacer.gif
Inmates who sue get new set of rules
BY DEB GRUVER
The Wichita Eagle
Inmates who sue get new set of rules
Sedgwick County Jail inmates with allegations about conditions there now must exhaust all remedies to resolve their issue before filing a lawsuit.
Commissioners voted Wednesday to require that inmates file a written notice detailing their allegation before pursuing a lawsuit.
That notice must be filed with the Sedgwick County clerk no later than 30 days after the inmate receives a sheriff's office response to his or her grievance or 60 days after the incident in question, whichever is longer.
Sheriff's Maj. Bob Hinshaw said the jail's administration requested the new procedure because of the statute of limitations on lawsuits.
Lawsuits are allowed up to two years after an incident. When an inmate waits that long to file a lawsuit, it's difficult for the sheriff's office to go back and investigate what happened, he said.
The new procedure applies to complaints about "conditions of confinement," which include allegations of lost property -- the most common complaint -- as well as excessive force and insufficient medical care.
In the past 20 months, 185 lost-property cases were reported to detention staff, Hinshaw said. In that time, the jail processed 46,000 inmates.
"Of those 185, some of it we found. Some they didn't care about, and some wanted to be compensated. Of those that wanted compensated, there were four payouts in the last 12 months," he said.
Any time a deputy uses force, he or she must file a case and fill out paperwork that goes to a professional standards unit for review.
In the past 20 months, 210 excessive-use-of-force forms were sent to professional standards. Internal affairs opened seven cases.
"Out of those seven, there was one that was sustained," Hinshaw said.
Two deputies were involved in the incident. Both no longer work for the jail.
In that case, an officer from another law enforcement agency witnessed the incident, and his observation of what happened didn't match that of the deputies'.
The sheriff's office investigated further and found that one deputy instigated an assault while the other covered it up.
The victim settled out of court for $15,000.
Another inmate settled a case for $8,000, alleging he had been kept in jail too long.
Hinshaw said no payouts had been made for insufficient medical care.
Ed Randels, assistant county counselor, and Hinshaw said the new procedure will allow the county to investigate claims more efficiently.
Reach Deb Gruver at 268-6400 or dgruver@wichitaeagle.com (dgruver@wichitaeagle.com).
© 2005 Wichita Eagle and wire service sources. All Rights Reserved.
http://www.kansas.com