Westmoreland commissioners have approved a $150,000 settlement to end a federal lawsuit filed by a New Mexico man who claimed county jail guards brutally beat him two years ago.
James Mapp, 34, sued the county after he claimed he was assaulted by guards at Westmoreland County Prison following his arrest involving a domestic incident in Penn Township in April 2020. He claimed guards beat him after he refused to wear a mask in the Hempfield lockup.
Corrections officer James B. Lynn, 39, of Ligonier Township was fired and pleaded guilty last year to counts of official oppression and simple assault. He was sentenced to serve two years on probation in connection with the assault against Mapp. No other guards were charged.
In the three-count lawsuit, Mapp claimed he continued to suffer pain in his back, neck and chest areas as well as a right arm injury and had a tooth knocked out during the assault, according to court records
The lawsuit claims the assault violated Mapp’s 8th and 14th Amendment rights prohibiting cruel and unusual punishment at the hands of government and the right to due process.
Mapp’s Erie-based lawyer, John F. Mizner, did not respond to a request for comment.
Mapp initially sought $225,000 in damages.
Solicitor Melissa Guiddy said the county did not admit liability for Mapp’s injuries as part of the settlement. Commissioners declined further comment.
Manor police arrested Mapp on April 30, 2020, for allegedly breaking into the home of a former girlfriend on Observer Street. He pleaded guilty in November 2020 to a single misdemeanor charge of criminal mischief and was sentenced to serve up to 23 months in jail. He was immediately paroled after being given credit for time spent in jail following his arrest.
The Mapp case was the third lawsuit filed by jail inmates the county has settled in as many years.
In 2019, the county paid $25,000 to settle a case brought by Kevan Kolling, of Hempfield.
Kolling claimed in late 2014 he was beaten by guards who barged into his cell after he covered a window with paper. He said guards taunted him after he returned to his cell following treatment in the medical unit. Kolling contended as he sat on his bed, four guards entered his cell and he was maced and beaten. He contended that after the attack, he was handcuffed and dragged more than 100 feet into a shower and dropped to the floor.
In December, commissioners signed off on a $27,500 settlement with a New Kensington man who claimed jail guards beat him in 2018.
In that case, DaRob Wright claimed he was pushed against a wall as he was being processed, then violently thrown to the ground and punched in the face. The incident was witnessed by two sheriff’s deputies, according to court records.
Original Article by: Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293, email or via Twitter.