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50 North Front Street, Suite 999, Memphis, TN 38103-1109 E-mail Us at leffler@memphisonline.com |
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Brother wins suit in inmate's death Jury awards $3 million 'moral victory' By Lawrence Buser The Commercial Appeal The brother of an inmate who died of head injuries, perhaps at the hands of another inmate in the Shelby County Jail two years ago, has been awarded more than $3 million by a federal court jury. But the civil judgement could be little more than a moral victory for Mickey Gregory because those held responsible include an inmate and a jailer, but not the deeper-pocket county government, which was dismissed from the suit. "The collectibility of $3 million is somewhat questionable," plaintiff's attorney Stephen Leffler said Thursday, "but my client is happy. Somebody killed his brother and the jury agreed." No criminal charges were filed against the inmate Jerry Ellis, or the jailer, Rhett Shearin, later fired on unrelated matters. The county, its commissioners and sheriff's department were dismissed from the suit because a federal magistrate ruled in part that there was no proof that the jail policy directly led to the victim's injuries. "It seems the inmates run the jail," said Mickey Gregory, 59 a local musician. Gerald Gregory had an arrest record that included burglary, theft, grand larceny and bail-jumping. Ellis, 21 at the time of Gregory's death, had been jailed for theft of property over $500. Ellis is in custody on an unrelated aggravated assault charge and Shearin could not be reached. Shearin's attorney, Fred Jones, Jr. did not return phone calls Thursday. The incident occurred on March 21, 1995, in the jail's J pod, where prisoners are allowed out of their cells only one at a time or with supervision. Some cells are for prisoners with mental problems or for those under observation or in protective custody. Leffler argued that jailer Shearin left open the cell doors of both Ellis and Gerald Gregory after the two prisoners had argued. Leffler said Gregory was sexually assaulted and beaten by Ellis. Gregory, 39, was taken to the hospital where he died three days later. An autopsy report showed Gregory died of head injuries and bleeding into the brain caused by the head striking a fixed object. Before his death, Gregory said another inmate had injured him, but investigators could not rule out a fall and said there was insufficient evidence to prosecute Ellis on a homicide charge. Ellis told authorities at that time he did not mean to hurt Gregory, but that Gregory has threatened him with an ink pen. Ellis later denied inflicting any injuries. The jury awarded Gregory's brother $778,000 in compensatory damages and assessed punitive damages against Shearin for $2.2 million and against Ellis for $75,000. |
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Law Office of Stephen R. Leffler, P.C. E-mail Us at leffler@memphisonline.com Copyright © 1999 All Rights Reserved. |
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