Ex-Inmate Awarded $14K After Beating by Prison Guards During Release

A former inmate at the Belize Central Prison will be receiving thousands of dollars in damages after the High Court ruled in favor of his assault and battery claim. Christian Herrera filed the claim against the Attorney General of Belize, the Superintendent of Prisons, and two prison officers, Michael Gladden and Miguel Perdomo, for injuries he sustained from the officers beating him severely during a search. On August 21, 2023, Herrera was being processed for release after serving a 27-month sentence. While being processed, Herrera was informed by prison officers that he would undergo a full body and cavity search. Herrera objected to the cavity search, arguing it was unnecessary as he was being discharged. The situation escalated when Herrera, after being taken to an isolated cell, continued to refuse to consent to the search.  In his ruling, Justice Derrick Sylvester noted that a cavity search is a procedure that can only be conducted by a medical professional and is not authorized by the prison rules in this context.  In conclusion, he ordered that Herrera be awarded ten thousand dollars in general damages, which included aggravated damages for his physical injuries, humiliation, and the affront to his dignity.  He was also awarded $2,500 in special damages for medical expenses and $1,500 in exemplary damages, intended to punish the defendants for their oppressive, arbitrary, and unconstitutional actions.  The total award was $14,000 plus interest and court costs. Attorney Dickie Bradley spoke on the matter today, noting that the judgment highlighted major deficiencies at the prison. 

Richard “Dickie” Bradley, Attorney: “In one recent decision, a prisoner, Christian Herrera, who was badly beaten and abused, had his feet broken, his foot broken, was repeatedly pepper sprayed in his eyes  while he was being subdued. And it’s a very important judgment. Justice Derrick Sylvester gave a judgment in the matter and in his judgment where he accepted the testimony of  Mr. Herrera and did not believe the explanation offered by the prison authorities, he gave a judgment in favor of Herrera where the government will have to pay out several thousand dollars for the brutality visited upon him.  But the judgment further, the judge found that throughout the trial listening to all the evidence. The prison needs, I’m not sure in terms of the exact words, I can send the case to you but that the prison needs to undertake a massive training of their officers at the very earliest. I’m glad the media has had some information on this matter. You all need to get the judgment and see what a judge in the Supreme Court, the higher court of this country has said in regards to the urgent need to deal with what is going on at the prisons.”

The court found that Herrera’s stance was “preventative and not combative,” and there was no evidence that he physically attacked the officers.  The court also highlighted that the officers had other options, such as charging Herrera with an offense for disobeying an order, rather than using excessive force.