Case details
Inmate taken down after turning toward officer, defense argued
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, face, facial laceration, kicked, mental, nose, psychological, punched, used racial slurs
FACTS
On Jan. 10, 2012, plaintiff Durrell Puckett, an inmate in his 30s at California Correctional Institution at Corcoran, was being escorted by Correctional Officers R. Zamora, P. Rodriguez, C. Acevedo and Gutierrez. Puckett claimed that during the routine escort, Zamora, Acevedo and Rodriguez took him to the ground and used excessive force against him. He also claimed that Gutierrez was deliberately indifferent to his safety. Puckett sued Zamora, Acevedo, Rodriguez, and Gutierrez, as well as Correctional Officers B. Galindo, C. Brown, V. Marmo Lejo, A. Casas, J. Contreras, and D. Nave. Puckett also sued Warden Connie Gipson. Puckett alleged that the defendants’ actions constituted excessive force and deliberate indifference to his safety. Several of the defendants were dismissed by way of motions to dismiss and for summary judgment. Thus, the matter only continued against Zamora, Rodriguez, Acevedo and Gutierrez. Puckett alleged that during the routine escort, Zamora, Acevedo and Rodriguez threatened him, slammed him on the ground, punched and kicked him, and used racial slurs. He also claimed that Gutierrez was deliberately indifferent to his safety and that the correctional officers’ actions violated his Eighth Amendment rights. Defense counsel contended that Puckett turned toward an officer during the routine escort and that as a result, Puckett had to be taken to the ground. However, counsel contended that no additional force was used after Puckett was restrained on the ground. Defense counsel also contended that Puckett was impeached with inconsistent statements about the incident and felony convictions. Plaintiff’s counsel noted that the case was pro bono, at the request of the Eastern District Court, and that counsel was not substituted in until discovery had closed., Puckett claimed that he sustained bruises and scratches to his face and torso, but that the were temporary. He also claimed the incident caused him emotional distress and flashbacks. Puckett’s medical care was covered by the prison and he lost no lost wages. He also did not ask the jury for a specific amount of damages. Defense counsel noted that Puckett was inconsistent about his alleged and that there was no documentation of any visible . Counsel also noted that Puckett had no evidentiary support for his alleged emotional distress. Thus, defense counsel argued that Puckett’s version of events was not supported by his superficial .
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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