Miami Legal Tips Blog

Wrongful Death of Fatally Scalded Prisoner

wrongful death prisonWhen people take the idea of justice too far, it is a poor reflection on our criminal justice system and our values as Americans. Those tasked with upholding the law must be expected to be on their jobs at all times. Consider a recent article for the Miami Herald titled “Fatally scalded inmate was kept in cell with broken heater.”

David Dishneau of the Miami Herald writes, “A convicted murderer under observation for behavioral problems was allowed to remain in his cell as he destroyed a radiator over an 8-hour period, eventually flooding the tier with water and scalding himself to death, according to an internal investigative report obtained Tuesday by The Associated Press. Prison officials wouldn’t say if they disciplined any of the three correctional officers who were placed on administrative leave after Louis S. Leysath III was fatally burned Feb. 20 at the maximum-security Jessup Correctional Institution near Baltimore. Prison officials had disclosed the death but not the details and timeline. Department of Public Safety and Correctional Services Secretary Stephen Moyer, when asked about the incident Tuesday, gave a condensed version of the investigative report. ‘Yes, a huge metal cover was pulled off of the heating system, and the steam got on him and he did pass away,’ Moyer said. Attorney William Renahan said he has filed a wrongful death claim with the state on behalf of Leysath’s family, a first step toward a possible civil lawsuit. ‘They should have removed him,’ using force if necessary, Renahan said in a telephone interview. ‘How does the cell get filled with steam, to the point that you get steamed to death, if somebody’s watching you?’ An internal criminal investigation concluded there was no foul play. The report, obtained through a Public Information Act request, included recommendations for maintaining effective communication between shifts and ensuring that staff members know how to resolve emergency situations.”

The Law Offices of Gilbert & Smallman handles wrongful death cases of all types. If someone you care about has passed away due to another’s negligence, contact us today. Free consultations available 24/7 by phone! Our offices conveniently are located in Miami, North Miami, Hollywood and Tallahassee. At Gilbert & Smallman we pride ourselves on service to our clients. Contact us today for your free one on one consult with one of our experienced wrongful death law partners.

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