Case details

Inmate did not fear for life, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, body, bruises, cuts, face, stab wounds
FACTS
On April 9, 2008, plaintiff Jeremy (Grace) Pinson, an inmate at United States Penitentiary, Victorville, a high-security federal prison for male inmates in California, sustained several when five inmates with shanks entered his cell and attempted to kill him. Pinson had been in federal custody since 2007, following convictions for threats against the President, making false statements, and threats against a juror and the trial judge at his federal criminal trial. Starting in 2013, Pinson began identifying as transgender. Pinson alleged that during a three-month stay at Victorville, three federal officers, including Pablo Prieto (a counselor), Joshua Halstead (a special investigative services lieutenant), and Joseph Norwood (the warden at that time), were deliberately indifferent to a serious risk of significant harm, in violation of the Eighth Amendment. Pinson sued Prieto, Halstead; Norwood; Captain Richard Bourn; the regional director, Officer V. Graham; Robert McFadden; the chief of Internal Affairs, John Dignam; and the Federal Bureau of Prisons. The case ultimately continued against only Prieto, Halstead and Norwood. As the case approached trial, a motion in limine was filed and granted that allowed Pinson to wear feminine clothing while testifying through videoconference during the civil proceedings; however, the district court declined to rule that Pinson be allowed to wear makeup. It also held that she could be shackled, but not in view of the jury. Plaintiff’s counsel argued that Prieto, Halstead and Norwood were deliberately indifferent to Pinson’s safety and failed to place Pinson in segregated housing. Counsel also argued that such failure to protect allowed other prisoners to assault Pinson in violation of her Eighth Amendment rights. Defense counsel contended that during the past 10 years, Pinson had numerous instances of misconduct, including serious assaults against other inmates and the Bureau of Prisons’ staff. Counsel also noted that Pinson had filed over 100 lawsuits against federal officials, asserting a wide variety of claims in the last 10 years. Thus, defense counsel argued that Pinson was not in fear for her life nor was she desperately seeking help from the defendants, as Pinson claimed. Instead, defense counsel argued that Pinson was thriving in general population and masterminding a scheme to use the U.S. mail to move the proceeds of drug sales for prison gangs, such as the Mexican Mafia. Counsel also noted that Pinson made numerous written statements during the three-month period in question, including written complaints about the food served in the dining hall, the laundry services, and postage stamps, as well as court filings in other actions. Defense counsel argued that those written statements were inconsistent with Pinson’s claims at trial., Pinson claimed that she sustained stab wounds, cuts, and bruises to her face and body. She also claimed that she sustained an injury to an arm that required a cast, but did not have any broken bones. Defense counsel contended that Pinson sustained only bruises and scrapes during the 2008 incident, and disputed Pinson’s claim that she suffered multiple stab wounds. Counsel also called witnesses and introduced exhibits to show that Pinson’s claims of multiple stab wounds to her torso and a serious arm injury were unfounded.
COURT
United States District Court, Central District, Riverside, CA

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