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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mignone v. Mo. Dep't of Corr., 546 S.W.3d 23 (2018)

Citation
Mignone v. Mo. Dep't of Corr., 546 S.W.3d 23 (2018)
Parent Document
Mignone v. Mo. Dep't of Corr., 546 S.W.3d 23 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-02-06

Other Sections in This Document (127)

Full Text

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The actions alleged in Instruction No. 12 supported an award of punitive damages. Department witnesses testified that a transfer would be improper if an officer did not want to be transferred, and that in the circumstances of this case, Fagan should have been transferred out of Housing Unit 6, not Mignone. The evidence indicated that the Department transferred Mignone based on an alleged threat to her safety which the Department's own investigation concluded was fabricated. Moreover, when Mignone requested that she be returned to Unit 6, the Warden falsely told her that the Department's investigation of the death threat had not concluded. The Department's failure to promptly advise Mignone that it had concluded that the threat had been fabricated left Mignone to worry that she was in danger of attack from prison inmates.