terrance dean civil rights prison abuse case
DESCRIPTION
Civil Rights Section 1983TRANSCRIPT
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TERRANCE DEAN, )
Plaintiff, )
v. )
)
DARREN J. DOUGLASS ) CFAN: 5:12-cv-120 (CAR-MSH)
WILLIE REDDEN, )
CHRISTOPHER HALL, )
RONALD LACH, )
KERRY BOLDEN, )
DELTON RUSHIN, )
DERRICK WIMBUSH, )
JAMES HINTON )
KEVIN DAVIS, )
TREVONZA BOBBITT, )
DUNN BLAKELY, AND )
EMMETT MCKENZIE, )
present and former correctional )
officers, Macon State Prison, being )
sued in their individual and )
supervisory capacities, )
)
Defendants. )
PLAINTIFF’S AMENDED COMPLAINT
Mr. Dean by and through his attorney of record files this Amended Complaint
for all permissible damages, by using 42 U.S.C. §§ 1983 and 1988 to vindicate his
rights under the Eighth Amendment and Fourth Amendment of the U.S.
Constitution, because Defendants deprived Mr. Dean of his constitutional right to be
free from cruel and unusual punishment. To support his Amended Complaint, Mr.
Dean alleges the following:
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 1 of 33
PRELIMINARY STATEMENT
This case underscores why both the Supreme Court of the United States and
the Eleventh Circuit Court of Appeals agree that “[i]n its prohibition of ‘cruel and
unusual punishments,’ the Eighth Amendment places restraints on prison officials,
who may not, for example, use excessive physical force against prisoners …
[because] ...[b]eing violently assaulted in prison is simply not part of the penalty that
criminal offenders pay for their offenses against society.” Matthews v. Crosby 480 F.
3d 1265, 1270 (11th
Cir.2007) (citing Farmer v. Brennan 511 U.S. 825, 114 S. Ct.
[1970]). After initially making false statements under oath, Defendants later
admitted that on December 16, 2010 they restrained Mr. Dean with handcuffs, took
him to a gymnasium that had no video surveillance, then, beat him for quite some
time. Defendants’ deliberate, sadistic and malicious conduct left Mr. Dean
unconscious, with a Glasgow Coma Score of 3 out of 15- and with long term
physical and mental injuries.
Additionally, both the investigative report by the Georgia Bureau of
Investigation (“GBI”) and witness testimony reveal that Macon State Prison had a
pattern and practice of taking handcuffed inmates on a “walk” to the subject
gymnasium (with no video surveillance) to “calm them down”: to beat them in a
manner that the U.S. Constitution prohibits. At the time of his beating, Mr. Dean’s
constitutional right not to be beaten while handcuffed and non-resisting had been
clearly established.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 2 of 33
JURISDICTION
1.
Jurisdiction is proper and based upon 28 U.S.C. §§ 1331, 1332, and 1343.
VENUE
2.
Venue is proper and based upon 28 U.S.C. § 1391. Also, the events or
omissions related to Mr. Dean’s claims arose in Macon County, GA at Macon State
Prison. See L.R. 3.4.
PARTIES
A. Mr. Dean
3.
At all times relevant to this Complaint, Mr. Dean was a citizen of the United
States, residing in Macon, Georgia. Mr. Dean submits to the jurisdiction and venue
of this Court; thus he files this action under federal law for all general, special,
compensatory, punitive, and any other permissible damages. Also, Mr. Dean has
complied with all requisites to file this suit.
B. Defendants
• Defendants Hall, Douglass, Redden, Lach, Bolden, Rushin, and
Wimbush will be referred to as “Defendant C.E.R.T. Officers.”
4.
Defendant Christopher Hall was at all times relevant to this action employed by
the Georgia Department of Corrections (“GDC”) and a sergeant at Macon State
Prison who supervised its Correctional Emergency Response Team (“C.E.R.T.”).
Sergeant Hall admits that (1) he was present when Defendant C.E.R.T. Officers beat
Mr. Dean and that (2) he permitted Defendant C.E.R.T. Officers to beat Mr.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 3 of 33
Dean-for some time- while Mr. Dean was handcuffed. Sergeant Hall failed to take
reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive
force) inflicted by Defendant C.E.R.T. Officers under Sergeant Hall’s supervision .
Sergeant Hall conspired with other Defendant C.E.R.T. Officers to take Mr. Dean
to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers
could beat Mr. Dean while he was handcuffed, then, Sergeant Hall personally beat
Mr. Dean along with Defendant C.E.R.T. Officers under his supervision. Sergeant
Hall incited, directed, and ratified the unconstitutional beating. Consequently,
Sergeant Hall is being sued in his individual capacity and may be served at 2250
GA HWY 26 W. Buena Vista, GA 31803.
5.
Defendant Darren J. Douglass was at all times relevant to this action an officer at
Macon State Prison who the GDC employed. On December 16, 2010, Defendant
Douglass maliciously and sadistically assaulted and battered Mr. Dean-while Mr.
Dean was handcuffed. Defendant Douglass’ conduct was deliberate, punitive, cruel
and unusual (excessive), and had the sole purpose of inflicting physical and mental
pain upon Mr. Dean. Defendant Douglass conspired with other Defendant C.E.R.T.
Officers to take Mr. Dean to the gymnasium (with no video surveillance) so
Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed, then,
Defendant Douglass personally assaulted and battered Mr. Dean along with other
Defendant C.E.R.T. Officers. Defendant Douglass also failed to take reasonable
steps to protect Mr. Dean from cruel and unusual punishment (excessive force)
inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Douglass is
being sued in his individual capacity and may be served at 126 B Fairway Two
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 4 of 33
Drive, Americus, GA 31719.
6.
Defendant Willie Redden was at all times relevant to this action an officer at
Macon State Prison who the GDC employed. On December 16, 2010, Defendant
Redden maliciously and sadistically assaulted and battered Mr. Dean-while Mr.
Dean was handcuffed. Defendant Redden’s conduct was deliberate, punitive, cruel
and unusual (excessive), and had the sole purpose of inflicting physical and
mental pain upon Mr. Dean. Defendant Redden conspired with Defendant
C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance)
so Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed,
then, Defendant Redden personally assaulted and battered Mr. Dean along with
Defendant C.E.R.T. Officers. Defendant Redden also failed to take reasonable
steps to protect Mr. Dean from cruel and unusual punishment (excessive force)
inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Redden is
being sued in his individual capacity and may be served at 1613 Ken Gardens Rd.
Albany, GA 31707.
7.
Defendant Ronald Lach was at all times relevant to this action an officer at
Macon State Prison who the GDC employed. On December 16, 2010, Defendant
Lach maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean
was handcuffed. Defendant Lach’s conduct was deliberate, punitive, cruel and
unusual (excessive), and had the sole purpose of inflicting physical and mental pain
upon Mr. Dean. Defendant Lach conspired with Defendant Officers to take Mr. Dean
to the gymnasium (with no video surveillance) so Defendant Officers could beat him
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 5 of 33
while he was handcuffed, then, Defendant Lach personally assaulted and battered
Mr. Dean along with Defendant C.E.R.T. Officers. Defendant Lach also failed to
take reasonable steps to protect Mr. Dean from cruel and unusual punishment
(excessive force) inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant
Lach is being sued in his individual capacity and may be served at 1783 HWY 49
South, Oglethorpe GA 31068.
8.
Defendant Kerry Bolden was at all times relevant to this action an officer at
Macon State Prison who the GDC employed. On December 16, 2010, Defendant
Bolden maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean
was handcuffed. Defendant Bolden’s conduct was deliberate, punitive, cruel and
unusual (excessive), and had the sole purpose of inflicting physical and mental pain
upon Mr. Dean. Defendant Bolden conspired with Defendant C.E.R.T. Officers to
take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T.
Officers could beat him while he was handcuffed, then, Defendant Bolden personally
assaulted and battered Mr. Dean along with Defendant C.E.R.T. Officers. Defendant
Bolden also failed to take reasonable steps to protect Mr. Dean from cruel and
unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers.
Consequently, Defendant Bolden is being sued in his individual capacity and may be
served at 514 Williams St., Vienna, GA 31092.
9.
Defendant Delton Rushin was at all times relevant to this action an officer at
Macon State Prison who the GDC employed. On December 16, 2010, Defendant
Rushin maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 6 of 33
was handcuffed. Defendant Rushin’s conduct was deliberate, punitive, cruel and
unusual (excessive), and had the sole purpose of inflicting physical and mental pain
upon Mr. Dean. Defendant Rushin conspired with Defendant C.E.R.T. Officers to
take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T.
Officers could beat him while he was handcuffed, then, Defendant Rushin personally
assaulted and battered Mr. Dean along with Defendant C.E.R.T. Officers. Defendant
Rushin also failed to take reasonable steps to protect Mr. Dean from cruel and
unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers.
Notably, Defendant Rushin’s understanding of constitutional limits placed upon him
as an officer regarding cruel and unusual punishment is so skewed that he stated to a
GBI Investigator: Mr. Dean “got what he deserved.” Consequently, Defendant
Rushin is being sued in his individual capacity and may be served at 3214 Fern
Ridge Dr., Albany, GA 31721.
10.
Defendant Derrick Wimbush was at all times relevant to this action an officer
at Macon State Prison who the GDC employed. On December 16, 2010, Defendant
Wimbush maliciously and sadistically assaulted and battered Mr. Dean-while Mr.
Dean was handcuffed. Defendant Wimbush’s conduct was deliberate, punitive, cruel
and unusual (excessive), and had the sole purpose of inflicting physical and mental
pain upon Mr. Dean. Defendant Wimbush conspired with Defendant C.E.R.T.
Officers to take Mr. Dean to the gymnasium (with no video surveillance) so
Defendant C.E.R.T. Officers could beat him while he was handcuffed, then,
Defendant Wimbush personally assaulted and battered Mr. Dean along with
Defendant C.E.R.T. Officers. Defendant Wimbush also failed to take reasonable
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 7 of 33
steps to protect Mr. Dean from cruel and unusual punishment (excessive force)
inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Wimbush is
being sued in his individual capacity and may be served at 931 Buena Vista HWY,
Mauk, GA 31058.
11.
Defendant Deputy Warden James Hinton was at all times relevant to this
action a Deputy Warden at Macon State Prison who the GDC employed. Defendant
Hinton had supervisory and managerial responsibilities over Defendant C.E.R.T.
Officers. Defendant Hinton ratified and encouraged the beating of Mr. Dean by
knowingly and willfully permitting Defendant C.E.R.T. Officers to take inmates
such as Terrance Dean to the gym- where there are no surveillance
cameras- to beat them while handcuffed, as punishment for perceived misconduct.
Defendant Hinton failed to take reasonable steps to stop the pattern and practice of
beating handcuffed inmates inside the gym where Mr. Dean was beaten. Defendant
Hinton proximately caused Mr. Dean’s injuries because Defendant Hinton
permitted and encouraged Defendant C.E.R.T. Officers’ to deliberately take
inmates to a secluded area (the gym) and then beat them in an unconstitutional
manner. Defendant Hinton’s knowledge that members of C.E.R.T., including
Defendant C.E.R.T. Officers, beat inmates such as Mr. Dean-while handcuffed-
within the subject gym is evidenced by Defendant Hall’s statement that Defendant
Hinton knew that there existed a pattern and practice of Defendant C.E.R.T.
Officers taking inmates to the gym to beat them while those inmates were
handcuffed. Defendant Hinton may be served at Macon State Prison, 2728 HWY
49 South, Oglethorpe, GA 31068.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 8 of 33
12.
Defendant Captain Kevin Davis was at all times relevant to this action a
Captain at Macon State Prison who the GDC employed. Defendant Davis had
supervisory and managerial responsibilities over Defendant Hall and the other
Defendant C.E.R.T. Officers. Defendant Davis ratified and encouraged the beating
of Mr. Dean by knowingly and willfully permitting Defendant C.E.R.T. Officers to
take inmates such as Terrance Dean to the gym- where there are no surveillance
cameras- to beat them while handcuffed, as punishment for perceived misconduct.
Defendant Davis failed to take reasonable steps to stop the pattern and practice of
beating handcuffed inmates inside the gym where Mr. Dean was beaten. Defendant
Davis proximately caused Mr. Dean’s injuries because Defendant Davis permitted
and encouraged Defendant C.E.R.T. Officers’ to deliberately take inmates to a
secluded area (the gym) and then beat them in an unconstitutional manner.
Defendant Davis’s knowledge that members of C.E.R.T., including Defendant
C.E.R.T. Officers, beat inmates such as Mr. Dean- while handcuffed- within the
subject gym is evidenced by Defendant Hall’s statement that Defendant Davis knew
that there existed a pattern and practice of Defendant C.E.R.T. Officers taking
inmates to the gym to beat them while they were handcuffed. Defendant Davis may
be served at Macon State Prison, 2728 HWY 49 South, Oglethorpe, GA 31068.
RELEVANT FACTS
When prisoners plead facts sufficient to infer that they were maliciously and
sadistically beaten by prison officials, those officials are not entitled to qualified
immunity. See McReynolds v. Alabama Dept. of Youth Services, 204 Fed Appx.
819 (11th
Cir. 2006).
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 9 of 33
13.
On December 16, 2010 a correctional officer (“Officer Walden”) at Macon
State Prison and Mr. Dean engaged in a verbal and physical confrontation;
consequently, an emergency code was given over the radio indicating that an Officer
needed assistance.
14.
Defendant C.E.R.T. Officers responded to the incident involving Mr. Dean
and Officer Walden on December 16, 2010.
15.
Testimonial and visual evidence indicates that Mr. Dean did not have any
visible injuries while at the scene of the altercation between himself and Officer
Walden and that Mr. Dean left the dorm room where the incident occurred walking
normally, on his own accord, while being escorted by C.E.R.T. members.
16.
Standard Operating Procedure (“SOP”) applicable to Defendant C.E.R.T.
Officers required them to video record themselves and Mr. Dean as they escorted
him to the medical unit, because Mr. Dean was involved in a use of force incident
with Officer Walden.
17.
Defendant C.E.R.T. Officers intentionally violated their SOP by failing to
video record themselves escorting Mr. Dean to the medical unit.
18.
Instead of taking Mr. Dean directly to the medical unit as required by standard
operating procedure, Defendant C.E.R.T. Officers deliberately took Mr. Dean to the
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 10 of 33
gymnasium where there was no video surveillance inside.
19.
By the time Mr. Dean was inside the subject gymnasium, Defendant
C.E.R.T. Officers knew that Mr. Dean was taken to the subject gymnasium while
Mr. Dean’s hands were cuffed behind his back.
20.
Defendant Hall knew at the time that Defendant C.E.R.T. Officers where
physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands
cuffed behind his back.
21.
Defendant Douglass knew at the time that Defendant C.E.R.T. Officers where
physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands
cuffed behind his back.
22.
Defendant Redden knew at the time that Defendant C.E.R.T. Officers where
physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands
cuffed behind his back.
23.
Defendant Lach knew at the time that Defendant C.E.R.T. Officers where
physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands
cuffed behind his back.
24.
Defendant Bolden knew at the time that Defendant C.E.R.T. Officers where
physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 11 of 33
cuffed behind his back.
25.
Defendant Rushin knew at the time that Defendant C.E.R.T. Officers where
physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands
cuffed behind his back.
26.
Defendant Wimbush knew at the time that Defendant C.E.R.T. Officers where
physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands
cuffed behind his back.
27.
At the time Mr. Dean was taken-handcuffed- to the subject gym, Defendant
C.E.R.T. Officers knew that the gymnasium where Mr. Dean was taken had no video
surveillance cameras to monitor activity inside the gym.
28.
Defendant C.E.R.T. Officers knew and ensured that no other staff besides
themselves and Mr. Dean was inside the gym before Defendant C.E.R.T. Officers
physically and sadistically beat Mr. Dean.
29.
Defendant C.E.R.T. Officers were present inside the subject gymnasium
with Mr. Dean at all relevant times to this lawsuit.
30.
Defendant C.E.R.T. Officers intentionally beat Mr. Dean while they all
were inside the subject gymnasium and while Mr. Dean was handcuffed, not
resisting.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 12 of 33
31.
There was no need to beat Mr. Dean while he was handcuffed other than
Defendant C.E.R.T. Officers sadistic need to punish Mr. Dean without having
performed any investigation into the matter: it appears that Officer Walden entered
into a voluntary verbal and physical altercation with Mr. Dean.
32.
Mr. Dean posed no reasonable threat to any Defendant C.E.R.T. Officers (or
anyone else) as they escorted him- with his hands cuffed behind his back- to the
subject gymnasium.
33.
Defendant C.E.R.T. Officers punished Mr. Dean for his altercation with
Officer Walden by intentionally- and repeatedly- hitting (battering) Mr. Dean while
he was handcuffed, evidenced by Defendant Rushin’s warped comment that Mr.
Dean “got what he deserved.”
34.
Defendant Hall was present when Defendant C.E.R.T. Officers were
physically hitting Mr. Dean inside the subject gymnasium.
35.
Defendant Douglass was present when Defendant C.E.R.T. Officers were
physically hitting Mr. Dean inside the subject gymnasium.
36.
Defendant Redden was present when Defendant C.E.R.T. Officers were
physically hitting Mr. Dean inside the subject gymnasium.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 13 of 33
37.
Defendant Lach was present when Defendant C.E.R.T. Officers were
physically hitting Mr. Dean inside the subject gymnasium.
38.
Defendant Bolden was present when Defendant C.E.R.T. Officers were
physically hitting Mr. Dean inside the subject gymnasium.
39.
Defendant Rushin was present when Defendant C.E.R.T. Officers were
physically hitting Mr. Dean inside the subject gymnasium.
40.
Defendant Wimbush was present when Defendant C.E.R.T. Officers were
physically hitting Mr. Dean inside the subject gymnasium.
41.
Defendant C.E.R.T. Officers know that C.E.R.T. members had to carry Mr.
Dean to the medical unit from the gym after they stopped beating Mr. Dean while
he was handcuffed.
42.
Defendant Hall made false statements under oath by initially denying that
he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the
subject gym while Mr. Dean was handcuffed.
43.
Defendant Douglas made false statements under oath by initially denying that
he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the
subject gym while Mr. Dean was handcuffed.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 14 of 33
44.
Defendant Redden made false statements under oath by initially denying that
he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the
subject gym while Mr. Dean was handcuffed.
45.
Defendant Lach made false statements under oath by initially denying that
he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the
subject gym while Mr. Dean was handcuffed.
46.
Defendant Bolden made false statements under oath by initially denying that
he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the
subject gym while Mr. Dean was handcuffed.
47.
Defendant Rushin made false statements under oath by initially denying that
he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the
subject gym while Mr. Dean was handcuffed.
48.
Defendant Wimbush made false statements under oath by initially denying
that he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the
subject gym while Mr. Dean was handcuffed.
49.
Defendant Hall admits to making his initial report of the subject incident
“fit” like a “puzzle” with the false reports made by Defendant C.E.R.T. Officers
who physically beat Mr. Dean in the subject gymnasium.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 15 of 33
50.
Defendant Douglass either read other Defendant C.E.R.T. Officers’ initial
reports about the subject incident before writing his initial report, or he discussed
his initial report with other Defendant C.E.R.T. Officers before submitting his
report to the appropriate officials.
51.
Defendant Redden either read other Defendant C.E.R.T. Officers’ initial
reports about the subject incident before writing his initial report, or he discussed his
initial report with other Defendant C.E.R.T. Officers before submitting his report to
the appropriate officials.
52.
Defendant Lach either read other Defendant C.E.R.T. Officers’ initial reports
about the subject incident before writing his initial report, or he discussed his initial
report with other Defendant C.E.R.T. Officers before submitting his report to the
appropriate officials.
53.
Defendant Bolden either read other Defendant C.E.R.T. Officers’ initial
reports about the subject incident before writing his initial report, or he discussed his
initial report with otherDefendant C.E.R.T. Officers before submitting his report to
the appropriate officials.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 16 of 33
54.
Defendant Rushin either read other Defendant C.E.R.T. Officers’ initial
reports about the subject incident before writing his initial report, or he discussed his
initial report with other Defendant C.E.R.T. Officers before submitting his report to
the appropriate officials.
55.
Defendant Wimbush either read other Defendant C.E.R.T. Officers’ initial
reports about the subject incident before writing his initial report, or he discussed his
initial report with other Defendant C.E.R.T. Officers before submitting his report to
the appropriate officials.
56.
While in Macon State Prison’s medical unit, Mr. Dean was diagnosed with
gross deformity to the head, closed head trauma, five inch long hematoma to the
head and temple, laceration on the mouth, and right pupil “fixed” (“blown out”) and
dilated. Mr. Dean was non responsive to verbal commands (“no speech”) and had an
“altered mental status.” Once an Emergency Response Team appeared to take Mr.
Dean to a local hospital, evidence capable of being reduced to admissible testimony
indicates that if Mr. Dean “[w]as not an inmate we [the 17 Emergency Response
Team] would have called life flight immediately.” Mr. Dean was transported to
several hospitals where he was diagnosed with, inter alia, a Glasgow Coma Index
ranging from 3 to 5 (a score of zero being the lowest possible out of 15). Ultimately,
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 17 of 33
Mr. Deanwas diagnosed with acute brain injury and white matter changes in his
brain, amongst many other serious medical conditions. After spending approximately
two weeks in the hospital, Mr. Dean was transported back to prison where he
received speech therapy, motor skills therapy, and physical rehabilitation for months.
He now struggles to write legibly, has to wear a brace on his leg so his foot won’t
turn inward, and suffers from “pressure on his brain,” which requires him
to take seizure medication three times a day. He also suffers from spontaneous,
frequent fatigue in his arms and legs.
57.
Defendant C.E.R.T. Officers’ brutal conduct caused Mr. Dean to incur over
seventythousand dollars in medical expenses in just twelve days; his injuries were
not (nor are) de minimis.
58.
Some of Defendant C.E.R.T. Officers have characterized the inhumane time
span they were beating of Mr. Dean as a “dog pile,” and that the beating of Mr. Dean
“went too far.” And that what happened to Mr. Dean was “not right.” And after
seeing Mr. Dean lying motionless on the ground and in the medical department of
Macon State Prison, Defendant Hall said “I might as well took it [presumably his
uniform] off right then, it’s done, we in trouble.”
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 18 of 33
59.
Some of Defendant C.E.R.T. Officers have admitted that it was accepted practice
amongst Macon State Prison Officials to handcuff inmates, take them to the subject
gym, and then beat them. According to the GBI Report, Defendant Douglass said he
knew orders (the “word”) came from above the C.E.R.T. chain of command
regarding the use of excessive force against inmates. Also, when Defendant Hall was
asked “who knows above you that this was going on [taking inmates to the gym to
beat them], he answered: “everybody,” naming his direct superiors Deputy Warden
James Hinton and Captain Kevin Davis, who both supervise and
manage C.E.R.T. members including Defendant Sergeant Hall.
60.
Macon State Prison no longer employs Defendant C.E.R.T. Officers.
COUNT I
VIOLATION OF EIGHTH AND FOURTEENTH AMENDMENTS TO THE
UNITED STATES CONSTITUTION AND 42 U.S.C. § 1983
(Against Defendants Hall, Douglass, Redden, Lach, Bolden, Rushin, and Wimbush)
61.
Mr. Dean re-alleges in this Count, as if stated verbatim, all factual allegations in ¶¶
4-10, 15, 20-26, 29-41, 56-58, and any other paragraph this Court deems applicable.
Also, every fact and allegation in this Count supports Mr. Dean’s allegation that
before, and at the time, Defendant C.E.R.T. Officers beat Mr. Dean while he was
handcuffed and non-resisting, Mr. Dean had a clearly established constitutional right
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 19 of 33
to be free from cruel and unusual punishment in the form of, inter alia, being beaten
while handcuffed and non-resisting.
62.
Defendant C.E.R.T. Officers acting under the color of state law, violated Mr.
Dean’s rights under the Eighth and Fourteenth Amendments to the United States
Constitution by using malicious, sadistic and otherwise inhumane force against Mr.
Dean. Matthews supra; See also, Hudson v. McMillan,503 U.S. 1, 7 (1992). The
force used by Defendant C.E.R.T. Officers, while Mr. Dean was non-resisting and
restrained with his hands cuffed behind his back, was excessive and beyond any
force reasonably necessary to maintain order.
63.
Defendant C.E.R.T. Officers acted with a deliberate, malicious and retaliatory
purpose (intent) to inflict harm. The force used by Defendant C.E.R.T. Officers was
more than de minimis force.
64.
Defendant C.E.R.T. Officers’ sadistic conduct directly and proximately caused
Mr. Dean to suffer significant physical and emotional injuries in an amount to be
proven at trial.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 20 of 33
65.
Defendant Officers’ conduct evidenced a willful, carefree disregard for Mr.
Dean’s constitutional right to be free from cruel and unusual punishment.
Furthermore, Defendant Officers attempted to cover up their unconstitutional
conduct by making false statements under oath that led initial investigators to believe
they may had not beaten Mr. Dean. Consequently, Mr. Dean is entitled to all
permissible damages, including punitive damages. Punitive damages are essential to
deter future Eighth Amendment excessive force violations at this institution.
COUNT II
SUPERVISORY LIABILITY
(Against Defendants Hall, Hinton, and Davis, Bobbitt, Blakley and McKenzie)
“Supervisory liability under 42 U.S.C. § 1983 occurs when the supervisor
personally participates in the alleged constitutional violation or when there is a
causal connection between the actions of the supervising official and the alleged
constitutional deprivation.” Matthews supra, at 1269- 70. The acts and omissions of
all Defendants named in this Count proximately caused the deprivation of Mr.
Dean’s clearly established constitutional right to be free from cruel and unusual
punishment in the form of, inter alia, being beaten while handcuffed and
non-resisting.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 21 of 33
66.
Mr. Dean re-alleges in this Count, as if fully stated verbatim, all factual
allegations set forth in ¶¶ 4, 11, 12, and 59, and any other paragraph that this Court
deems applicable.
67.
Defendant Hall supervised and ratified the beating of Mr. Dean by failing to
take reasonable steps to immediately stop C.E.R.T. members under his supervision
from beating Mr. Dean in Defendant Hall’s presence. Defendant Hall also incited the
beating of Mr. Dean by participating in the beating- his conduct demonstrated a
consummate deliberate indifference to Mr. Dean’s constitutional right to be free
from cruel and unusual punishment. Consequently, Defendant Hall directly and
proximately caused Mr. Dean to suffer severe physical and emotional injury.
68.
Defendant Hinton proximately caused Mr. Dean’s severe physical and
emotional injuries by encouraging and ratifying Defendants’ conduct of handcuffing
inmates, then, taking them to the gym-where no cameras were present- to beat them
as punishment for perceived misconduct. By permitting and encouraging this
conduct before Mr. Dean was injured, Defendant Hinton ratified the very conduct
that caused Mr. Dean’s severe physical and mental injuries; thus there exist a causal
connection between Defendant Hinton’s conduct and Mr. Dean’s serious injuries.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 22 of 33
Defendant Hinton’s culpability (deliberate indifference) is evidenced, inter alia, by
Defendant Hall’s admission that Defendant Hinton knew that Macon State Officers,
including Defendant C.E.R.T. Officers, beat handcuffed inmates in the subject gym-
witness testimony reasonably infers that Defendant Hinton did nothing to stop this
patently unconstitutional conduct.
69.
Defendant Davis proximately caused Mr. Dean’s severe physical and
emotional injuries by encouraging and ratifying Defendants’ conduct of handcuffing
inmates, then, taking them to the gym-where no cameras were present- to beat them
as punishment for perceived misconduct. By permitting and encouraging this
conduct before Mr. Dean was injured, Defendant Davis ratified the very conduct that
caused Mr. Dean’s severe physical and emotional injuries; thus there exist
a causal connection between Defendant Davis’ conduct and Mr. Dean’s serious
injuries. Defendant Davis’ culpability (deliberate indifference) is evidenced, inter
alia, by Defendant Hall’s admission that Defendant Davis knew that Macon State
Officers, including Defendant C.E.R.T. Officers, beat handcuffed inmates in the
subject gym- witness testimony reasonably infers that Defendant Davis did nothing
to stop this patently unconstitutional conduct.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 23 of 33
70.
Defendant Bobbitt proximately caused Mr. Dean’s severe physical and
emotional injuries by encouraging and ratifying Defendants’ conduct of handcuffing
inmates, then, taking them to the gym-where no cameras were present- to beat them
as punishment for perceived misconduct. By permitting and encouraging this
conduct before Mr. Dean was injured, Defendant Bobbitt ratified the very conduct
that caused Mr. Dean’s severe physical and emotional injuries; thus there exist a
causal connection between Defendant Bobbitt’s conduct and Mr. Dean’s serious
injuries. Defendant Bobbitt’s culpability (deliberate indifference) is evidenced, inter
alia, by Defendant McKenzie’s testimony in a plea agreement that he informed
Defendant Bobbitt that Mr. Dean was being unconstitutionally beaten and not only
did Defendant Bobbitt take no reasonable action within Bobbitt’s means to stop the
beating, but also, Defendant McKenzie knew based on past unconstitutional beatings
of inmates known by Defendant Bobbitt, that Defendant Bobbitt would do nothing
about the unconstitutional beating of Mr. Dean.
At all times relevant to this action, Defendant Bobbitt was employed by the
Georgia Department of Corrections (“GDC”) at Macon State Prison and had
requisite supervisory authority to stop the beating of Mr. Dean and to take action
against those who unconstitutionally beat Mr. Dean and other inmates, yet, failed to
do so. Defendant Bobbitt failed to take reasonable steps to protect Mr. Dean from
cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T.
Officers who Defendant Bobbitt had the authority to stop from beating Mr. Dean.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 24 of 33
Defendant Bobbitt conspired with other Defendant C.E.R.T. Officers to take Mr.
Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T.
Officers could beat Mr. Dean while he was handcuffed. Defendant Bobbitt incited,
directed, and ratified the unconstitutional beating. Consequently, Defendant
Bobbitt is being sued in his individual capacity and may be served at 2250 GA
HWY 26 W. Buena Vista, GA 31803.
71.
Defendant Blakely proximately caused Mr. Dean’s severe physical and
emotional injuries by encouraging and ratifying Defendants’ conduct of handcuffing
inmates, then, taking them to the gym-where no cameras were present- to beat them
as punishment for perceived misconduct. By permitting and encouraging this
conduct before Mr. Dean was injured, Defendant Blakely ratified the very conduct
that caused Mr. Dean’s severe physical and emotional injuries; thus there exist
a causal connection between Defendant Blakely’s conduct and Mr. Dean’s serious
injuries. Defendant Blakely’s culpability (deliberate indifference) is evidenced, inter
alia, by Defendant McKenzie’s testimony in a plea agreement that he informed
Defendant Blakely that Mr. Dean was being unconstitutionally beaten and not only
did Defendant Blakely take no reasonable action within Blakely’s means to stop the
beating, but also, Defendant McKenzie knew based on past unconstitutional beatings
of inmates known by Defendant Blakely, that Defendant Blakely would do nothing
about the unconstitutional beating of Mr. Dean.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 25 of 33
At all times relevant to this action, Defendant Blakely was employed by the
Georgia Department of Corrections (“GDC”) at Macon State Prison and had
requisite supervisory authority to stop the beating of Mr. Dean and to take action
against those who unconstitutionally beat Mr. Dean and other inmates, yet, failed to
do so. Defendant Blakely failed to take reasonable steps to protect Mr. Dean from
cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T.
Officers who Defendant Blakely had the authority to stop from beating Mr. Dean.
Defendant Blakely conspired with other Defendant C.E.R.T. Officers to take Mr.
Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T.
Officers could beat Mr. Dean while he was handcuffed. Defendant Blakely
incited, directed, and ratified the unconstitutional beating. Consequently,
Defendant Blakely is being sued in his individual capacity and may be served at
2250 GA HWY 26 W. Buena Vista, GA 31803.
72.
Defendant McKenzie proximately caused Mr. Dean’s severe physical and
emotional injuries by encouraging and ratifying Defendants’ conduct handcuffing
inmates, then, taking them to the gym-where no cameras were present- to beat them
as punishment for perceived misconduct. By permitting and encouraging this
conduct before Mr. Dean was injured, Defendant McKenzie ratified the very conduct
that caused Mr. Dean’s severe physical and emotional injuries; thus there exist
a causal connection between Defendant McKenzie’s conduct and Mr. Dean’s serious
injuries. Defendant McKenzie’s culpability (deliberate indifference) is evidenced,
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 26 of 33
inter alia, by Defendant McKenzie’s testimony in a plea agreement that he saw
Defendant CERT Officers take Mr. Dean to the subject gymnasium, then, entered the
gym, saw Mr. Dean’s hands cuffed behind his back, approached Mr. Dean, swiped
his finger across Mr. Dean’s face, then, permitted Mr. Dean to be beaten by
Defendant CERT Officers.
Defendant McKenzie was at all times relevant to this action employed by the
Georgia Department of Corrections (“GDC”) at Macon State Prison and had
requisite supervisory authority to stop the beating of Mr. Dean and to take action
against those who unconstitutionally beat Mr. Dean and other inmates, yet, failed to
do so. Defendant McKenzie admits that (1) he was present when Defendant C.E.R.T.
Officers beat Mr. Dean and that (2) he permitted Defendant C.E.R.T. Officers to beat
Mr. Dean-while Mr. Dean was handcuffed. Defendant McKenzie failed to take
reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive
force) inflicted by Defendant C.E.R.T. Officers who McKenzie had the supervisory
authority to stop. McKenzie conspired with other Defendant C.E.R.T. Officers to
take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T.
Officers could beat Mr. Dean while he was handcuffed. McKenzie incited, directed,
and ratified the unconstitutional beating. Consequently, Defendant McKenzie is
being sued in his individual capacity and may be served at 2250 GA HWY 26 W.
Buena Vista, GA 31803.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 27 of 33
73.
Because Defendants Hall, Hinton, and Davis, Bobbitt, Blakely, and McKenzie
acting in their supervisory capacity, proximately caused Mr. Dean’s serious injuries,
Mr. Dean is entitled to all permissible damages, including punitive damages.
Punitive damages are essential to deter future Eighth Amendment violations by
Defendant Davis and Hinton, since both Defendants still work at Macon State
Prison.
COUNT III
CIVIL CONSPIRACY
(Against Defendants Hall, Douglass, Redden, Lach, Bolden, Rushin, and Wimbush)
To state a plausible claim for civil conspiracy under 42 U.S.C. § 1983, a
plaintiff must plead sufficient facts to reasonably infer that the Defendants reached
an understanding to violate the plaintiff’s constitutional rights; the conspiratorial act
must also “impinge” upon the plaintiff’s constitutional right. See Grider v. City of
Auburn, Ala., 618 F 3d 1240, 1260 (11th Cir. 2010). Significantly, Plaintiffs can
prove civil conspiracy with circumstantial evidence. Id. The assertive acts of all
Defendants named in this Count demonstrate that Defendants conspired to violate
Mr. Dean’s clearly established constitutional right to be free from cruel and unusual
punishment in the form of, inter alia, being beaten while handcuffed and
non-resisting.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 28 of 33
74.
Mr. Dean re-alleges in this Count, as if fully stated verbatim, all factual allegations
set forth in ¶¶ 4-10, 17-19, 27, 28, 42-57, and any other paragraph that this Court
deems applicable.
75.
Defendant C.E.R.T. Officers conspired to violate Mr. Dean’s
Eighth-Amendment constitutional right to be free from cruel and unusual
punishment. This assertion is evidenced by the fact that Defendant C.E.R.T. Officers
intentionally took Mr. Dean to an area where Defendant C.E.R.T. Officers knew no
surveillance video was present and Defendant C.E.R.T. Officers intentionally
violated applicable SOP by not recording their conduct with Mr. Dean. Also,
conspiracy can be inferred by the false statements Defendant C.E.R.T. Officers made
while under government investigation- to hide the fact that they beat Mr. Dean while
he was handcuffed and not resisting. Furthermore, many Defendant C.E.R.T.
Officers such as Defendant Hall and Defendant Douglass have stated that everyone
knew (high up officials at Macon State Prison) that the gym was used to beat
prisoners and that it was accepted practice to take inmates to the gym to “calm them
down.” So when Defendant C.E.R.T. Officers walked Mr. Dean to the gym, this
Court (and a jury) could reasonably infer that Defendant C.E.R.T. Officers had
reached an understanding that they were going to take Mr. Dean to the gym to
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 29 of 33
violate Mr. Dean’s constitutional rights by sadistically and maliciously beating him
as he laid on the ground handcuffed, defenseless, and non-resisting.
Mr. Dean now prays that this Court do the following:
1. Assume jurisdiction over this action;
2. Declare that the acts and omissions described in this Complaint
violated Mr. Dean’s clearly-established rights under the U.S.
Constitution and laws of the United States;
3. Permit a jury of at least six (6) to decide all issues of fact that this
Court does not decide as a matter of law;
4. Enter judgment in favor of Mr. Dean- for all permissible damages
under law, including compensatory and punitive damages- against each
defendant jointly and severally;
5. Award Mr. Dean all permissible costs under law regarding this
lawsuit, including reasonable attorney fees and expenses pursuant to 42
U.S.C. § 1988(b) & (c); and
6. Order any additional relief that this Court deems appropriate.
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 30 of 33
Respectfully submitted this 14th day of December 2012,
s/MARIO WILLIAMS
Mario Williams
GA Bar No. 234254
WILLIAMS OINONEN, LLC
The Historic Grant Building
44 Broad Street, NW
Suite 200
Atlanta, GA 30303
Tel: 404-654-0288
Fax: 404-592-6225
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 31 of 33
CERTIFICATE OF SERVICE
I certify that this day I electronically filed Plaintiff’s Amended Complaint using
the CM/ECF system, which will notify the following attorneys of record:
Eve A. Appelbaum
Paul A. Henfeld
Appelbaum & Associates, P.C.
550 Pharr Road, Suite 525
Atlanta, GA 30305
George W. Weaver, Esq.
Jeffrey A. Shaw, Esq.
Hollberg & Weaver, LLP
2921 Piedmont Road, NE, Suite C
Atlanta, Georgia 30305
Vincent A. Toreno, Esq.
D. Michael Williams, Esq.
Rutherford & Christie, LLP
South Tower, Suite 1750
225 Peachtree Street
Atlanta, Georgia 30303
Devon Orlando, Esq.
Tina M. Piper, Esq.
Office of Attorney General
40 Capital Square
Atlanta, Georgia 30334
Stacy Seidel, Esq.
Gary Seacrest, Esq.
Karsten Bicknese, Esq.
Seacrest, Karesh, Tate, and Bicknese
56 Perimeter Center East, Suite 450
Atlanta, Georgia 30346
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 32 of 33
Adam L. Appel, Esq.
Marquetta J. Bryan, Esq.
Carlock, Copeland, & Stair, LLP
191 Peachtree Street, Suite #3600
Atlanta, Georgia 30303
Annarita M. Busbee, Esq.
Derrick L. Bingham, Esq.
Owen, Gleaton, Egan, Jones & Sweeney, L.L.P.
1180 Peachtree Street, NE, Suite# 3000
Atlanta, Georgia 30303
Respectfully submitted this 14th day of December 2012,
s/ MARIO WILLIAMS
Mario Williams, Esq.
GA Bar No. 235254
WILLIAMS OINONEN LLC
The Grant Building, Suite 200
44 Broad Street N.W.
Atlanta, Georgia 30303
Phone: (404) 654.0288
Fax: (404) 592.6225
Counsel for Mr. Dean
Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 33 of 33