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Johnson v. Glass

United States District Court, M.D. Florida, Jacksonville Division

August 29, 2017

ANDRAE J. JOHNSON, Plaintiff,
v.
C/O GLASS, et al., Defendants.

          ORDER

          TIMOTHY J. CORRIGAN, UNITED STATES DISTRICT JUDGE.

         I. Status

         Plaintiff, an inmate of the Florida penal system, initiated this case by filing a pro se Civil Rights Complaint (Doc. 1) pursuant to 42 U.S.C. § 1983. He names three correctional officers (Glass, Roach, and Joseph) as Defendants and alleges that Defendants used excessive force on him.

         Before the Court is Defendants' Motion for Summary Judgment (Doc. 25) (Motion), including exhibits.[1] Defendants argue: (1) they are entitled to Eleventh Amendment immunity for claims against them in their official capacities for monetary damages; (2) Plaintiff cannot show that Defendants violated the Eighth Amendment; (3) Defendants are entitled to qualified immunity; and (4) Plaintiff is barred from seeking emotional, compensatory, or punitive damages by 42 U.S.C. § 1997e(e). The Court previously advised Plaintiff of the provisions of Federal Rule of Civil Procedure 56, notified him that the granting of a motion for summary judgment may foreclose subsequent litigation on the matter, and gave him an opportunity to file a response. See Order (Doc. 7); see also Orders (Docs. 22, 29, 34). Plaintiff has responded. See Responses (Docs. 32, 35).

         II. Parties' Positions

         In the Complaint, [2] Plaintiff alleges that on February 6, 2014, at approximately 9:00 a.m., while housed at Columbia Correctional Institution Annex, he told Defendant Glass that he was in fear for his life and he requested protection. Defendant Glass told Plaintiff, “no, ” and he “called for backup.” Defendants Joseph and Roach responded, and they “began a brutal assault” on Plaintiff. Defendant Roach punched Plaintiff in his head and face, and Defendant Joseph kneed Plaintiff in the back. Defendant Glass kicked Plaintiff in the testicles. Plaintiff had “a busted eye, fractured nose, and swollen testicles.” Defendants then laughed at Plaintiff and sang, “we never walk alone.” Plaintiff was denied medical attention by a nurse. As relief, he requests monetary damages for his “pain [and] suffering.”

         At Plaintiff's deposition, he provided additional information:

Q. Okay. What happened first? . . .
A. Officer Roach and Officer Joseph began punching me.
Q. While you were standing?
A. In my face. I was sitting.
Q. You were sitting. So they were standing over you? How was this?
A. Standing over me and they grabbed me up, both of them grabbed me up and began assaulting me, punching me and not yet kicking me, until they throwed me on the ground.
Q. So who threw you on the ground?
A. Both officer, Sergeant Joseph and Officer Roach.
Q. Now, where was Glass, at this point in time?
A. Coming from around the desk joining the assault.
Q. And what happened next?
A. Well, they got me on the ground and began stomping my testicles. Officer Joseph was stomping - - stomping me as I was trying to get up on my knees and Officer Glass began punching me, as well, with his handcuffs. . . . After that I was bleeding, laying there on the floor and they cuffed me up, shackled me up and carried me out to confinement. . . . [T]hey had my body sideways and was toting me because I couldn't - - after the assault I couldn't walk. And my testicles was actually black and blue and swollen where I could not move from injuries sustained.
Q. And what happened next? . . .
A. Well, they carried me to this office that's - - has a holding cell, which is the lieutenant's office a couple of doors down from the confinement unit.
. . . .
Q. So they took you to this holding cell. What happened next?
A. Interrogating me, saying that they're going to give me outside charges and steady taunting me and kept me in there for like an hour.
. . . .
Q. Okay. So after you were in this holding cell for over an hour, what happened next?
A. They took me to confinement.
. . . .
Q. Did you get evaluated by medical before you went to confinement?
A. No, sir.
. . . .
Q. So did you see nurse Norris that day at all?
A. Yes, I did.
Q. When?
A. On the way to ...

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