The family of Kelly Brinson Jr. has settled its claims against The University of Cincinnati Police and University Hospital for $638,000.00 and reforms.  Mr. Brinson was a patient on the psych ward at the Hospital.  Even though he was in a seclusion room the police applied force, including a taser, on January 20, 2010, resulting in his death.   The use of force was videotaped.  After the lawsuit the Hospital stopped using UC police for security on the psych ward.  Moreover, the settlement calls for the establishment of an advisory panel with the members appointed by NAMI of Hamilton County to provide quarterly feedback on the treatment of mental health patients at the hospital.  Finally the case generated a very significant ruling by United States District Judge S. Arthur Spiegel that The University Hospital was acting sufficiently under color of law to be held liable under the federal civil rights law, overruling the hospital’s claim that they were exempt as a private non-profit institution.  This important precedent will be very helpful to future litigants facing similar claims.  Al Gerhardstein represented the plaintiffs.  Co counsel was Don Moore of the Moore Law Firm in Cincinnati.

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