Berry v. State

In Berry v. State (2000) 52 Ill. Ct. Cl. 117 a fight broke out among three inmates while in the chow line. One of the inmates had a blade. Attempts were made to separate the fighters and an officer radioed for help. Verbal warnings were given. Officers were attempting to handcuff the combatants when a warning shot was fired. Berry, who was forty feet away, was struck in the upper portion of his scalp from a pellet from the warning shots. The fragment was removed and claimant received eight stitches. Even though this Court found the Respondent's actions reasonable under the circumstances, Berry was awarded $3,000 for pain and suffering. The court held that the conclusion of the IDOC's internal investigation report was determinative of the issue of negligence and imputed it to the State because the report was neither unrebutted nor explained. Id at 124