Case details
Defense claimed inmate never asked for protection
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, face, facial laceration, mental, nose, psychological
FACTS
On March 22, 2009, plaintiff Keith Page, 47, an inmate at North Kern State Prison, was allegedly assaulted by unknown “Blood” assailants, knocking him unconscious. Page woke up with an institutional write-up next to him that identified him as a “snitch.” He claimed the assault was authorized by the laundry manager, Michael Ramirez, and approved by his supervisor, Warehouse Manager Andrew Lopez. Page sued Ramirez; Lopez; Warden Lydia Hense; Chief Deputy Warden Steven Trevino; and Warehouse Manager Irvin Glenn. Page, appearing pro se, contended the defendants were deliberately indifferent to his safety, in violation of the Eighth Amendment, by identifying him as a snitch and subjecting him to danger from gang members. Hense, Trevino and Glenn were ultimately dismissed from the case prior to trial. Thus, the matter proceeded to trail against Ramirez and Lopez only. Defense counsel contended that Page fabricated the assault (which was not witnessed by any staff or other inmates) in order to be classified as a protective custody inmate and to avoid being transferred to another prison. Counsel also contended that other inmates knew Page reported an inmate for anger issues, which caused that inmate to lose his laundry job, and that the write up did not contain any confidential information. Further, defense counsel contended that Page admitted to never asking for protection after he received the write up., Page sustained minor abrasions and cuts on his face, including a laceration on his forehead, a laceration above his left eye, and a black eye. He was subsequently taken to the infirmary after he reported being assaulted, but he admitted going to his cell to wash up first. Page ultimately received stitches to close the laceration above his left eye. Page claimed that although his physical have healed, he continues to suffer emotional trauma as a result of the incident. Defense counsel claimed that with the exception of the sutured cut, most of Page’s alleged resolved in under a week. Counsel also claimed that Page had no corroborating psychological testimony to support his claim of “emotional trauma.” In addition, defense counsel claimed that costs of Page’s medical care were paid by the state Department of Corrections.
COURT
United States District Court, Eastern District, Fresno, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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