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Slain Peace Officer's Civil Rights Claim Settled for $1.2 Million
By Mark J. Peacock Esq. and
John A. Ferrone Esq.
Manuel A. Gonzalez, Jr., 43 years of age, was a correctional officer at the Correctional Institute for Men, Chino for 16 years. Gonzalez was married and had six children. On January 10, 2005, inmate, Jon Christopher Blaylock, stabbed Gonzalez to death. Blaylock was serving a sentence for 75 years for attempted murder of a peace officer.
The Office of Inspector General issued its report and findings after a lengthy investigation. The IG’s office found that the environment was a “perfect storm scenario”, in which correctional officers, in their zeal to accomplish a difficult job in tough circumstances, failed to follow security requirements. In addition, supervisors and managers failed to hold officers accountable for adhering to required protocols.
The report stated the inmates at the facility had easy access to weapons-making materials because the housing unit was in such disrepair. After the murder, a thorough search of the housing unit where the murder had occurred yielded approximately 35 inmate-manufactured weapons.
The report cited numerous problems, which may have contributed to the tragedy. The Department of Corrections had violated numerous policies in the housing and classification of inmates. The IG’s report found that Blaylock was being kept in general population even though he had been previously classified as a maximum-security inmate and should have been put in an administrative segregation unit. The report further found the prison had received protective stab-resistant vests, however the prison failed to make the vests available to the staff. Gonzalez’s vest was in the warehouse at the time of the stabbing.
A Federal Civil Rights lawsuit pursuant to Section 1983 was filed claiming that the prison system administrators contributed to the death of Officer Gonzalez. Specifically, Officer Gonzalez claimed that the Department failed to properly house and classify Blaylock and failed to issue a stab-resistant vest.
The theory was “deliberate indifference”. In order to establish Section 1983 liability in an action against a state official for an injury to a prison employee caused by an inmate, the officer must show that the state official participated in creating a dangerous condition, and acted with deliberate indifference to the known or obvious danger in subjecting the officer to it. (See the case of L.W. v. Grubbs, 974 F2d. 119, 120 (9th Cir.1992)). In the Gonzalez case, the “deliberate indifference” was the Department keeping Blaylock in general population and refusing to provide Gonzalez the vest.
After extensive discovery, the Department’s motions to dismiss the lawsuit based on immunity were denied. The U.S. District Court ordered the parties to a settlement conference. After an all day marathon, the Department finally authorized the settlement of the case for $1.2 million.
Despite the vigorous attack from the Department of Corrections, justice prevailed through an aggressive and creative strategy. The Department was finally held accountable for allowing a dangerous condition to exist and failing to take the necessary measures to eliminate the harm.
