By Roxana Orellana
The Salt Lake Tribune
SALT LAKE CITY --Bradley Robinson still suffers from a prison training exercise two years ago that involved being shot in the head 15 times with simulated 9 mm bullets.
A judge ruled recently the prison worker can’t sue the state over injuries that include traumatic brain injury and hearing loss.
But he may still pursue his $3 million suit against Paul McGarry, a co-worker at the Utah Department of Corrections’ Gunnison Prison who the lawsuit says “intentionally” and “regardless of his motivation” shot him at point-blank during training in March 2009.
Part of the exercise involved Robinson acting as the “hostile adversary” and McGarry as member of the police team trying to capture him. Robinson said McGarry first shot him once on the forehead and then once on the top of the head at close range.
“He continued to shoot him 13 more times in the body at point-blank range,” the lawsuit says.
Guidelines for the cartridges include that the user wear protective gear, none of which was provided to Robinson during the exercise, the suit states. As a result of being shot at less than 3 feet away, Robinson suffered a traumatic brain injury, hearing loss, retinal swelling and partial retinal detachment, loss of motor control, chronic headaches, post-traumatic stress disorder, suicidal ideation, insomnia and anxiety, the suit says. Robinson now wears hearing aids, and his health care providers have told him his job is exacerbating his medical problems.
Third District Judge Tyrone Medley dismissed all other claims against the state, including battery, damages for Robinson’s wife and workers compensation, all totaling more than $4 million. Medley cited governmental immunity in dismissing the claims, according to the order filed in early March.
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