The POWER 30: Robert Bennett

Minneapolis attorney Robert Bennett of Robins Kaplan has brought scores of personal injury, wrongful death and police misconduct cases but cites Taylor and Rusczyk’s deaths as the most significant to him. 

Bennett finds the cases important not only because they were large settlements but because both families tried to bring some good out of the bad. The defendants in both cases made $2 million donations to related charities including Abbey’s Hope, which promotes pool safety, and the Minneapolis Foundation Fund for Safe Communities.

The Minneapolis Golf Club, where Abbey’s injury occurred, paid a total of $6 million, and Sta-Rite Industries, the other defendant, paid an additional amount. Abbey Taylor didn’t want another child to be injured, and the parents worked to have the Abigail Taylor Pool Safety Act enacted.  Fifteen other states have passed similar legislation.

Justine Rusczyk called police to report a possible assault nearby. Then-officer Mohammed Noor shot her through the squad car window when she walked up to it. He was convicted of third-degree murder and manslaughter and sentenced to 12½ years in prison. The city settled with the Rusczyk family for $18 million plus the donation to the Minneapolis Foundation.

Currently Bennett is focused on jail suicide cases, along with partner Phillip Sieff, which he says are the result of inadequate, even nonexistent, medical care. 

Deliberate indifference is the standard for a federal claim under 42 U.S.C. 1983, which provides robust remedies for civil rights violations, including punitive damages and fee-shifting provisions. 

The privatization of medical care has limited access by prisoners, Bennett said. “Minnesota has between 4,000 and 5,000 jail inmates and one doctor covering the geographic area. Nothing could be more deliberately indifferent, in my judgment,” he said.

A recent suicide case, Lynas v. Stang, saw a settlement of $2.3 million for the family of James Lynas who hanged himself while on a mental health watch in the Sherburne County. jail. The county, like many counties, contracts with MEnD Correctional Care to provide medical and mental health services. 

Bennet called on insurers to refuse coverage for medical care provided by MEnD. “One doctor for all the inmates is sinful.”