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Case Results

Cash Settlement After Henry County Sheriff's Personnel Shot Detainee in Solitary Cell

The Situation

A client confined in a solitary cell in Henry County was kicking the cell door. Sheriff's personnel responded by shooting him inside the cell.

The Legal Challenge and Strategy

The firm pursued an excessive-force claim challenging whether shooting a confined detainee was a lawful and proportionate response to kicking a door.

The Result

The client received a cash settlement.

Why It Matters

People in jail retain constitutional protection from excessive force. The settlement held the government financially accountable for the force used against a person already confined alone in a cell.

Practice area(s): Civil Litigation, Constitutional Law

Mark Nicholson

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video.  The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

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