Jajuan Henderson, 29, is seeking a jury trial and damages after he was ambushed, shot and ultimately and paralyzed from the chest down by plainclothes police officers last month.
The negotiated agreement won immediate praise from an obviously pleased Hillman, who called it a win-win. Ultimately, I think I m going to take the view that this reflects a good faith effort by the county, whatever mistakes may have been made in the past, to move forward and put in place the best jail the county can run under the difficult circumstances we all face, Hillman said. And I think having a monitor here makes a lot of sense in trying to achieve that goal. Ultimately, it also reflects, I think, a reasonable perspective from the plaintiffs, Hillman said. I was struck a couple of times how some of the complaint forms or even in the testimony a prisoner would say, I know this is a jail but. And I think this will go a long way addressing the buts, the things that arise that have caused concern.
District Judge Noel Hillman started last week taking testimony in preparation for deciding if the case can proceed. The hearing resumed on Monday, via Zoom, with county attorney Greg Zeff questioning Warden Charles Warren for several hours.
Inmates, who have court-appointed attorneys, are attempting to prove there was a “deliberate indifference” by jail administrators to their health and safety rights.
Cumberland County counters that it did the best it could in the face of an unprecedented emergency, supply shortages, and shifting medical guidance.
The county attorney on Monday admitted that two inmates who were diagnosed with the COVID-19 virus were housed for a period with inmates who had tested clean for the disease. The inmates had been kept together, or “cohorted,” to be tested and to await test results.