Cohen V. Resident Agent Case Study

Request for Consideration of an Inmate Transfer in Anthony Cohen v. Resident Agent, et al., WMN-14-1850, a use of force case, as part of a settlement exploration

Plaintiff Anhony Cohen, an inmate housed at NBCI, alleged claims of excessive use of force and deliberate indifference in the medical treatment received against several officers and the Warden. Cohen claims that he was assaulted by correctional staff and suffered injuries to his face and head.

On March 4, 2014, Cohen became agitated after correctional staff notified him that he would be receiving a cellmate. Refusing orders to come to the cell door to be handcuffed, Cohen covered his cell window and began beating on something inside his cell. After Cohen ignored multiple orders to uncover his window, four officers entered the cell and encountered Cohen, who was positioned in a fighting stance and charged violently toward one of the officers swinging his arms with clenched fist trying to strike him. Cohen continued …show more content…
Plaintiff’s counsel has requested that the Department transfer Cohen, as far away from the Cumberland region as possible, to another institution within his classification level or ICC him. Before settlement exploration may proceed further, Cohen’s counsel has requested a transfer decision. As rationale, he explained that non-monetary considerations are Cohen’s primary concern due to his life sentence and lack of family. He also advised that a significant monetary award will not be a primary consideration unless the negotiation of the non-monetary terms are unsuccessful. He is adamant that Cohen does not wish to undertake discussion of any other terms until the Department determines whether transfer of Cohen is an