$10 M Lawsuit Against Nebraska Dept. Of Corrections Filed as Another Goes to Trial
By Bill Kelly , Senior Producer/Reporter Nebraska Public Media
Nov. 26, 2018, 7:18 p.m. ·
Just as one lawsuit against the Nebraska Department of Corrections went to trial in Lancaster County, the family of a second inmate filed a $10 million damages claim against stage officials claiming they knowingly put the man in harm’s way.
The latest lawsuits were brought on behalf of the estate the late Terry Berry. Berry was murdered by his cellmate, Patrick Schroeder in 2017. The killing led to a death sentence for Schroeder. He admitted strangling Berry in a fit of anger, claiming the man was too talkative as they watched a mixed martial arts competition on television.
Separate state and federal filings were made in Johnson County District Court, where the prison is located, and in the U.S. District Court for Nebraska.
The initial court filings state the two men should never have been housed together. Schroeder, already sentenced to life for murder, had a reputation for difficult behavior. Berry, jailed on forgery charges, was due to be released in a matter of weeks and should not have been in protective custody, reserved for inmates or those who are security concerns. In addition, the is cell designed assigned the two men was designed for use by only one inmate at a time. The practice is common in the Nebraska prison system, the result of chronic overcrowding.
The complaint filed in federal court claims the actions of the state “constitute reckless indifference and wanton disregard for the law and for the lives and safety of others, including Berry.”
The family seeks unspecified damages “to punish and deter the reprehensible conduct” of state officials.
Corrections officials previously denied responsibility for the murder committed by the inmate.
This is the latest in a series of cases tied to prison overcrowding and concerns about staff and inmate safety.
In Lancaster County District Court on Monday, corrections officials defended themselves against a damage claim spawned by the Mother’s Day riot in 2017.
Former inmate John Wizinsky was housed in protective custody at Tecumseh during the disturbance. On the witness stand, he told District Judge John Colborn a lack of medicine and food during the riot aggravated his diabetes. Also, exposure to the day of violence and uncertainty during the day-long melee worsened his symptoms of post-traumatic stress.
The state claims all efforts were made to protect staff and inmates during the dangerous and chaotic time. Two inmates were murdered during the disturbance.
The trial is scheduled to run through Thursday.