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Attorneys for Rudy Lujan, an inmate at the Crowley County Correctional Facility, are planning to sue the private company that runs the prison, alleging negligence in preventing a July 2004 riot in which Lujan was left for dead.

Luhan, a former member of a hispanic gang, was beaten severely and also had a microwave oven smashed over his head during the riot.

According to the Rocky Mountain News:

Lujan did not attend a Wednesday press conference at his lawyers’ Denver office, and they would not disclose the Colorado town where he currently lives, in part due to fears about further danger he might face from gang members.

Lujan was one of two inmates severely injured in a riot triggered by several grievances, including complaints of bad food and the alleged mistreatment of an inmate by corrections officers, according to a report on the riot.

Approximately 300 inmates ransacked two units and prison offices, ripping apart furniture, smashing doors, windows and control room electronics, and setting dozens of fires.

Besided negligence, Lujan’s attorneys also allege indifference and ignoring Lujan’s concerns that he faced danger and violence from other gang members.

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