By Tim Hrenchir
Topeka Capital-Journal
SHAWNEE COUNTY, Kan. — A former Shawnee County Jail inmate is pursuing a lawsuit against the county contending parts of her fingers had to be amputated after jail staff negligently slammed shut the door of her cell’s food slot while her fingers were in it.
Shawnee County Commissioners Ted Ensley, Mary Thomas and Shelly Buhler voted 3-0 Monday to approve a consent agenda that included an acknowledgement that the county faces the suit, which seeks damages in excess of $75,000.
The suit was filed Dec. 13 by Tim Liesmann, an attorney representing LaStacia Elliott.
County counselor Rich Eckert said Monday of the suit, “We contest both liability and damages and look forward to our day in court.”
Elliott was hurt Dec. 15, 2009, according to the lawsuit petition. She initially filed a claim seeking damages from the county, which denied it in November.
The lawsuit petition says: “The plaintiff was being held in a segregation cell at the time of the accident and detention center staff was conducting business with her though a small opening on the cell door often referred to as a ‘bean hole,’ ‘tray slot’ or ‘food door.’ This is the door within the cell door that can be used to transfer small items back and forth.”
The petition said that when she was hurt, Elliott had her hands in the slot, which can be operated from the outside only.
“At some point, jail staff, while performing within the scope of their duties, negligently slammed shut the opening on the cell door causing it to slam onto the hands of (Elliott),” the petition said.
The petition said the identities of the specific employees responsible for the closing of the door and failure to mitigate Elliott’s injuries were unknown.
It said Elliott’s right hand was severely injured, adding: “Plaintiff was taken to Stormont Vail where portions of the plaintiff’s fingers were amputated leaving three fingers with severe disfigurement.
Plaintiff subsequently has had infection issues and other medical problems with her fingers.”
The petition also contended the county was “negligent in protecting plaintiff from herself to the extent that the wounds or aggravation of wounds are claimed to be the result of contributory negligence and/or a result of self-infliction.”
The petition said the county was aware Elliott had “mental issues” yet failed to adequately protect her.
It also contended the county was negligent in the training and instruction given to those handling prisoners and operating jail cell doors.
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