Inmate who escaped from prison in 2012 suing Scotts Bluff County - kotanow.com- Scottsbluff Area News, Sports, and Weather

Inmate who escaped from prison in 2012 suing Scotts Bluff County for jail assault

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An escaped Nebraska prison inmate who was captured in Scottsbluff is in the midst of a civil lawsuit against Scotts Bluff County to the tune of $35,000.

33-year-old James Bannister was arrested in Scottsbluff on August 16, 2012. Police found the car he stole on fire near 5th Avenue.

While he was being detained at the Scotts Bluff County Detention Center, Bannister was assaulted by federal inmate Daniel Martinez. As a result, Bannister suffered "severe injuries" to his nose and left side of his face. He incurred medical expenses totaling $35,837.75.

He claims that Scotts Bluff County failed to segregate Daniel Martinez from the general prison population and failed to provide him a safe environment. He is seeking judgement for the economic damages, as well as mental & physical pain and suffering and loss of enjoyment of life.

Scotts Bluff County has countered that Bannister was negligent for:

a) Moving from a place of safety to a place of danger

b) Refusing to comply with the instruction of a Correction Officer to leave the area

c) Provoking the assault

A hearing on this matter is scheduled for Monday in Scotts Bluff County District Court at 8:30 a.m.

Bannister is currently serving a 17 - to - 25 year prison sentence for burglary, theft by receiving stolen property and escape. He is not eligible for parole until at least 2019.

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