Why It’s Nearly Impossible for Prisoners to Sue Prisons From the New Yorker

June 21, 2007, two guards at a jail in Baltimore assaulted an inmate named Shaidon Blake, a gang leader who had been convicted of second-degree murder, earlier that year. The guards, James Madigan and Michael Ross, had been ordered to move Blake to solitary after a supervising officer complained that he was starting trouble—“commandeering” the television and using the phone out of turn. According to court documents, Madigan and Ross walked Blake from his cell to a nearby corridor, where they pressed him up against a concrete wall. Ross held Blake, whose hands were cuffed, while Madigan punched him in the face five times.

In 2009, Blake filed a lawsuit in federal court against the two guards, plus two supervisors and the state government, seeking damages for his injuries. The assault worsened a preëxisting head injury, his lawyers said, and left Blake suffering from migraines and permanent nerve damage in his face. Madigan, the guard who threw the punches, was found liable and was ordered to pay Blake fifty thousand dollars, but a judge eventually dismissed the case against the supervisors and the government.

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