Wednesday, April 13, 2016

Appeals court hears Amit Borenstein Jail death arguments

APP reports The Amit Borenstein case has returned before a federal judge, attorneys say the legal errors were made during the trial  "The 2010 death of Amit Bornstein in Monmouth County Jail returned before federal judges last week as attorneys made oral arguments in the ongoing appeal of his family's wrongful death lawsuit. Three judges for the U.S. Third Circuit Court of Appeals in Philadelphia heard the case Thursday. 
A federal jury in March 2015 determined corrections officers at Monmouth County Jail did not violate Bornstein's civil rights when they scuffled with him twice before he died in custody in 2010. Bornstein's father initially sued both Monmouth County as well as Correct Care Solutions, LLC, the vendor that provides medical care at the jail, alleging civil rights violations and negligence."

Monmouth County Sheriff's Office deputies picked Bornstein up on warrants on July 29, 2010 for not showing up at court for cases involving pot possession, stealing from cars and a traffic ticket.

Hours later, Bornstein, who lived in Marlboro, was dead. His family and friends claimed jail officers beat him twice, then medical staff did not properly care for his injuries. Jail officers and medical staff say their actions were proper. They testified at trial that Bornstein died of severe and undiagnosed heart disease caused by his use of anabolic steroids.
Bornstein's attorneys say the following legal errors were made during the trial:

Defense attorneys referenced allegations that Bornstein used anabolic steroids. Attorneys for Monmouth County and CCS both argued in appeal documents that the reference was relevant to Bornstein's cause of death.
The jury did not get to consider if Monmouth Jail corrections officers acted with "deliberate indifference" to Bornstein’s medical needs. Monmouth County's attorney argued it was not an error because Bornstein's attorneys never brought up the issue in court documents ahead of the trial and did not properly make the case during the trial.
Bornstein's medical expert, Dr. Michael Baden, was not allowed to give his opinion about CCS staff and medical negligence. CCS attorneys say Bornstein’s attorneys made a strategic decision not to use Baden as an expert on jail medical care. 
The jury did not get to decide if CCS was negligent. CCS attorneys say the judge's decision was proper. read more at

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