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re: Federal lawsuit blames suicide of EBR inmate on synthetic marijuana

Posted on 5/28/16 at 12:27 pm to
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69236 posts
Posted on 5/28/16 at 12:27 pm to
quote:

That's not how it works. The plaintiff (dindu momma) has to prove negligence against the prison. The prison has to defend the allegations. The prison doesn't have to go out and prove anything.


Yep. I think causation is going to be tough to prove in this one.
Posted by mahdragonz
Member since Jun 2013
7057 posts
Posted on 5/28/16 at 12:37 pm to
The prison is supposed to be a drug free facility.

If the prisoner's body shows drugs were in his system, it means the prison cannot provide a safe environment for those in its charge.

The prison will pay.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69236 posts
Posted on 5/28/16 at 2:52 pm to
It has to be the legal cause of his death. You're assuming that the synthetic weed caused him to commit suicide. The prison's medical experts will fight the shite out of that issue. This sounds like a cost of defense settlement to me.
Posted by Milk
central
Member since May 2010
1308 posts
Posted on 5/28/16 at 3:49 pm to
That is not how it works. The plantiff has to show neglegence, such as a continuous problem of drug smuggling which is known and goes unaddressed. The prison only has to show that they have reasonable systems in place to deter and detect smuggling. There is no "if 1 drug got in" rule.

Under your senario any inmate that gets hurt would be the jails fault because they are charged with the safety of the inmates.

The rule will be reasonable systems in place.
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
88371 posts
Posted on 5/28/16 at 4:04 pm to
that synthetic marijuana is some bad shite
This post was edited on 9/29/20 at 4:54 pm
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