BY BEN L. KAUFMAN
The Cincinnati Enquirer
In his first jury trial, lawyer Paul M. Laufman bested the state attorney general's staff and one of Cincinnati's top defense attorneys in a costly inmate civil rights case.
A federal jury awarded $83,250 to Richard K. Wolff because one guard beat him and another failed to prevent the assault at the Lebanon Correctional Institution.
"It is a big deal," said Alphonse A. Gerhardstein, a veteran prisoner rights attorney. There is no tracking service for such figures, he said, but based on years of representing inmates, "I'd say it's one of the top five verdicts in the state."
Mr. Laufman's performance won praise from the jury, Magistrate Judge Timothy S. Hogan said. "Young Paul was super. No doubt about it."
The magistrate said jurors said Mr. Laufman "really did a good job" and asked how long he had been around.
Twenty-one months, Mr. Laufman responded when Magistrate Hogan asked. It also was the first federal trial for the 27-year-old attorney.
The civil rights complaint said guard Thomas E. Moore's actions violated the 8th Amendment right to be free of cruel and unusual punishments.
The suit also said Corrections Officer Sanford Whitlow violated the inmate's rights by failing to intervene and by conspiring to cover up the beating.
Mr. Laufman said the confrontation began on Oct. 15, 1995, when Mr. Moore felt Mr. Wolff had been disrespectful.
Mr. Laufman said Mr. Moore later entered Mr. Moore's cell and punched him in the neck, back of his head, and face, breaking his nose.
Going to trial in U.S. District Court in Cincinnati, Mr. Laufman had Mr. Moore's confession and misdemeanor conviction for the attack.
Mr. Moore had resigned and hired his own attorney, former federal prosecutor Thomas R. Smith.
Lawyers from the attorney general's office, Carol O'Brien and Brian Zets, defended Officer Whitlow.
Officer Whitlow said the beating could not have happened as claimed because he was with then-Officer Moore in the cell block. That alibi fell apart when Mr. Moore confessed, but it placed Officer Whitlow in the cell block when it happened.
Jurors awarded $8,250 compensatory damages and $45,000 punitive damages against Mr. Moore.
They also awarded $30,000 punitive damages against Officer Whitlow for failing to protect Mr. Wolff, but they rejected the cover-up claim.
Ohio will not pay Mr. Moore's damages because his crime was outside the scope of his duties as a corrections officer, Chris Davey, spokesman for the attorney general, said.
Officer Whitlow's damages could be paid by the state, but Ohio first must decide whether to appeal, Mr. Davey said. If Ohio appeals and wins, Officer Whitlow owes nothing. If the appeal fails, Officer Whitlow will owe the money and Ohio may pay, he said.
