Judge throws out lawsuit by former jailer GibbsA judge has thrown out a federal lawsuit against Cass County and jail officials by a former corrections officer sentenced to life in prison for killing a Valley City State University student.
FARGO, N.D. (AP) — A judge has thrown out a federal lawsuit against Cass County and jail officials by a former corrections officer sentenced to life in prison for killing a Valley City State University student.
Moe Gibbs was seeking damages of $24 million for an injury to his right wrist suffered in a 2007 fall in the jail in Fargo. Gibbs claims he didn't receive proper medical care until his lawyers brought up the case, at which time he had emergency surgery.
U.S. District Judge Ralph Erickson said in a court order that said Gibbs failed to show that jail officials were “deliberately indifferent” to his medical needs or safety.
“Gibbs ignores the ongoing medical attention he received between the time he fell and the day of the surgery,” Erickson wrote.
Gibbs was convicted in 2007 of strangling Mindy Morgenstern, 22, of New Salem, in her off-campus apartment in Valley City. Authorities said she was strangled with a cloth belt and her throat was slit.
Gibbs was sentenced to life without the possibility of parole after two trials, the first of which ended in a jury deadlock. His wrist was bandaged during both proceedings, in Minot and Bismarck.
He later pleaded guilty to a 2004 rape in Fargo, and to charges that he assaulted five women inmates at the Barnes County jail where he worked. Gibbs was ordered to serve an additional 15 years on the seven felony charges.