County settles federal suit filed by Butler man
Butler County has settled a federal lawsuit filed by a Butler man who was assaulted by two other men while incarcerated in the county prison.
Dameine Austin, 39, sued the county in 2012 for alleged civil rights violations when he was attacked in a cell on April 2010 by two state inmates, Duane Damian Armstrong, who was 30 at the time, and Jesse Randy Williams, who was 23.
Warden Rick Shaffer declined to comment on the settlement.
County solicitor Mike English on Thursday confirmed Austin settled.
“He discontinued the case,” English said.
He referred questions about the settlement terms to attorney Marie Jones, who served as special counsel to the county in this case. Jones could not be reached for comment.
According to criminal complaints filed against the state inmates, a prison video showed them shoving Austin into his open cell and beating him for 46 seconds.
Following the attack, Austin’s head was swollen and his left eye was swollen shut.
Armstrong and Williams each were charged with aggravated assault. They pleaded guilty to simple assault.
The 2012 lawsuit initially named the county, the prison, the prison board, former Warden Rich Gigliotti, a nurse and multiple correction officers.
U.S. Magistrate Judge Maureen Kelly in February 2013 dismissed the claims against all the defendants except for Officer Ryan McCandless, who allegedly ordered Austin back into his cell after the first assault without ensuring the state inmates would not return.
According to the complaints against Armstrong and Williams, the initial confrontation with Austin ended with Williams punching him.
A few minutes later, the two men returned to Austin’s cell and punched, kicked and kneed him in the head, face and torso.
