Wrongful Death Lawsuit Filed Against State Of Hawaii
News reports that a wrongful death lawsuit has been filed against the State of Hawaii along with the nation’s largest private prison company. The civil claim alleges that the company’s “negligence, recklessness, and flagrant failure to protect” an inmate led to an environment that allowed other prisoners to stab the man, ultimately killing him.
A wrongful death complaint is a civil action that arises as the result of another person or entity’s wrongful conduct. Compensation may be recovered by the family of a victim in situations where the negligence or reckless conduct leads to the death of a loved one. Wrongful death lawsuits may be brought by the surviving family members, typically a spouse, children or parents. If you have lost a loved one as the result of the negligent conduct of another, speaking to a Hawaii wrongful death attorney is crucial to determine your rights and protect your interests.
Here the family of a 26-year-old man, Bronson Nunuha, has sued the Corrections Corporation of American, the State of Hawaii, the Department of Public Safety and several state officials as the result of the conditions at the southeast Phoenix prison that led to this tragedy. On February 18, 2010 Nunuha was housed in a cellblock with known gang members and was stabbed more than 140 times. The inmates distracted the only counselor on duty that day while they carried out the attack.
The complaint alleges a variety of actions that created a dangerous environment including the failure to adequately staff the cell block where Nunuha was housed, the mixing of convicts of every level of dangerousness including gang members with rival gang members and unaffiliated prisoners. The family asserts that the private prison “failed to follow basic common-sense correctional practices that would have prevents his brutal murder at the hands of the violent criminals surrounding him.” Additionally, the State of Hawaii, which had placed Nunuha in the Arizona prison for budget reasons, should have allowed Nunuha to return to Hawaii as of 2009. Pursuant to Hawaii law, prisoners may return from out-of-state prisons at least 1 year prior to their release date.
The family’s wrongful death complaint seeks punitive damages and well as compensation for negligence and cruel and unusual punishment.
Where a death occurs as the result of another’s reckless conduct it may be possible to assert a civil claim for wrongful death and obtain compensation. While the State of Hawaii and the prison officials did not personally kill Nunuha, the complaint alleges their negligent and wrongful actions caused Nunuha’s death by creating and allowing a dangerous atmosphere to exist.
For more information about wrongful death claims or if you have lost a loved one due to the wrongful conduct of another, please contact the top Hawaii wrongful death lawyers at Bostwick & Peterson, LLP for an immediate, confidential consultation.
