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Judge sets trial date, dismisses claim in boot camp case

The Associated Press
Last Updated:October 18. 2006 4:30PM
Published: October 18. 2006 4:30PM

PANAMA CITY, Fla.

A judge dismissed a federal civil rights violation claim against the state Department of Juvenile Justice in a lawsuit by the parents of a teen who died after guards roughed him up at a boot camp.

U.S. District Chief Judge Robert L. Hinkle did not dismiss the same civil rights violation claim against the Bay County Sheriff's Office in his ruling from the bench on Monday, said John Jolly, an attorney representing the sheriff's office.

Martin Lee Anderson's parents sued in July, seeking more than $40 million from the juvenile justice agency, which oversaw the boot camp program, and the sheriff's office, which ran the camp. The teen's death and the videotaped encounter with guards sparked protests and led to the elimination of the military-style camps.

The judge also removed claims for punitive damages against both defendants, Jolly said. But that ruling will still allow a jury to award whatever compensatory damages they consider appropriate, Jolly said.

Benjamin Crump, an attorney for Anderson's family, said Hinkle's ruling did not come as surprise.

"Technically you cannot hold the state responsible for something that DJJ was not doing directly and governments cannot be held punitively responsible no matter how egregious their conduct," he said.

Hinkle also set a trial date for April 16.

Crump said the family was pleased with the judge's decision to hold the trial in April rather than delaying civil proceedings and waiting for any criminal charges to be brought against the boot camp guards pending the completion of a special prosecutor's investigation.

"On April 16 we believe a jury will see through all of the rhetoric and hold those police officers accountable for torturing and killing Martin Lee Anderson," he said.

"He didn't dismiss any parties. The lawsuit will be amended. We will be adding counts and I'm sure there will be other motions to dismiss. The important thing for us is that he set the April trial date," Crump said.

Crump said conspiracy counts against DJJ and the sheriff's office remain part of the civil action.

Anderson died in January, a day after guards at the now-defunct boot camp were videotaped striking the teenager.

An initial autopsy by a Bay County medical examiner found that Anderson died of complications of sickle cell trait, a usually benign blood disorder. But a second autopsy by the medical examiner for Hillsborough County found Anderson's death was suffocated by the guards.

 

 

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