A federal judge has thrown out a lawsuit filed by a prison inmate who claimed prison staff failed to protect him in wake of the deadly 2015 riot at the Tecumseh state prison.
Senior United States District Judge Richard Kopf found no merit in the claims made by Brian Guerry.
Guerry claimed Tecumseh State Correctional Institution staff failed to protect him from gangs and fires during the riot on May 10th, 2015. Guerry stated in his lawsuit indifference on the part of staff forced him to lock himself in his cell to escape assault from gang members, which exposed him to smoke inhalation. Guerry claims he suffered numerous injuries both during the riot and from conditions left in its aftermath.
On that Sunday in 2015, a large group of inmates gathered outside Housing Unit 1. Guards attempted to break up the gathering but were attacked. Warning shots were fired from the guard tower in the middle of the Tecumseh prison yard, but inmates failed to disperse. A guard then shot and wounded one inmate. Another inmate suffered wounds from rubber bullets. Two inmates suffered injuries at the hands of other inmates.
As guards moved to regain control of the prison, they discovered two inmates dead, apparently killed by their fellow inmates.
Both 46-year-old Donald Peacock and 46-year-old Shon Collins were serving time for sexually assaulting children. Collins began serving his sentence in 2010. Peacock began serving his in March of 2014.
The Mother’s Day riot did millions of dollars of damage to the Tecumseh prison, a maximum-security prison located in southeastern Nebraska.
A grand jury empaneled in Johnson County in 2016 cleared state officials of any wrongdoing.