Plaintiff alleges July 4, 2009 Officers Justice and John Doe came to his cell, 207, to conduct a cell search in search of a home-made knife, also known as a "shank."
Justice entered the cell and ordered Plaintiff to submit to a strip search allegedly calling him a "n***r." Plaintiff replied "fyou pcracker take me to the hole."
Justice forcibly grabbed Plaintiff's neck
and twisted his left arm behind his back his back and savagely bit his
left hand. Plaintiff claims that this led to his involuntarily punching
Justice repeatedly in the face until he released his hand from his
mouth. Plaintiff claims that Officer John Doe, in response to "the
commotion," handcuffed him and escorted him to the sally port on level
6-E.
At the sally port, Officers Coultier, Kovac and Justice escorted Plaintiff down a hallway to an interview room where the following exchange allegedly occurred.
At the sally port, Officers Coultier, Kovac and Justice escorted Plaintiff down a hallway to an interview room where the following exchange allegedly occurred.
Justice: "payback time nigger."
Hammond: "Fuck you talking about bitch you started it when you bit me."
Kovak: "And now where [sic] going to finish it" and allegedly shoves Plaintiff into the room.
Kovak: I am going to take these handcuffs off. When I do place your hands on the wall and don't move or I'm going to beat the ape out of you putting you back in a monkey's place.
Coultier: "Go ahead Justice, fuck him up."
Justice: "Turn around bitch" and throws a punch at Plaintiff, which he "dips with ease."
Coultier: "Come on Justice, don't let this nigger when [sic]." Justice then tackled Plaintiff to the ground.
Courtier: "Round two."
Justice then punches Plaintiff in face, Plaintiff punches back, all three officers knock him nearly unconscious, split his lip almost halfway off, handcuff him and escort him to the DHU (disciplinary unit). While being stripped searched, Plaintiff asked Defendants Kovak and Doe for medical but both officers refused. Instead, they escorted him to cell 206 on 8E and left him there without contacting medical. During the 11 to 7 shift, he asked Officer Francis for medical but he said:
"Fuck you nigger, shoud've never hit my friend."When he asked again, Francis again refused as did Officer Doe during the next shift. The next morning, Plaintiff asked Officer Edwards for medical and was told that the higher ups told him not to do anything for Plaintiff. Plaintiff further alleges that he asked Officers Pendal and Maxwell for medical care but they similarly refused.
On July 6, 2009, Plaintiff avers that he was interviewed by internal affairs.
Sometime thereafter, he was seen by the medical department and was sent to an outside hospital for further examination.
He avers that he was prescribed antibiotics, ibuprofen and mouth wash and sent back to the ACJ. He claims that he was subjected to excessive force and the denial of adequate medical care in violation of the Eighth and Fourteenth Amendments.
