(Download) "Leonard L. Daniels v. Richard R. Andersen" by Supreme Court of Nebraska " Book PDF Kindle ePub Free
eBook details
- Title: Leonard L. Daniels v. Richard R. Andersen
- Author : Supreme Court of Nebraska
- Release Date : January 31, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is a negligence action brought against members of the Omaha police department and the City of Omaha, Nebraska. The District Court, sitting without a jury, found for the plaintiff and awarded him $200,000 in damages. The defendant city appeals. We affirm the judgment of the District Court. The plaintiff, Leonard L. Daniels, a 50-year-old male, was arrested by members of the Omaha police division on September 21, 1970, and booked on the charge of drunk-no prosecution. It is the practice of the Omaha police division to arrest persons who are so intoxicated that they are in danger of injuring themselves. These persons are confined in what is referred to as the drunk tank. When sober, they are released without formal charges. After the plaintiff was confined in the drunk tank, an intoxicated man by the name of Watson was placed in the drunk tank. Watson proceeded to go through the pockets of the other inmates, and then without any provocation, he punched the plaintiff in the head and also kicked him once. As Watson then moved around the cell, one of the other inmates, Kinstler began pounding on the window of the drunk tank, fearing that he was in danger. After some period of time, perhaps as much as 15 minutes, Watson, an ex-professional prize fighter and an escapee from a mental institution, returned to attack the plaintiff again. Watson picked plaintiff up and threw him on his head. Watson then kicked the plaintiff four or five times in the head. The plaintiff was finally discovered by one of the jailers when he opened the door to the drunk tank to place another drunk in the cell. Upon being taken to the hospital, it was discovered that the plaintiff had suffered a broken jaw and a severe brain injury. Since the injury, the plaintiff has not been able to talk or to remember anything. He cannot reason, and his physical abilities such as walking are severely limited. There was medical testimony to the effect that the plaintiff's condition will never improve, and that he will always require total custodial care.
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