Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tunon-Padron v. Riggins

United States District Court, S.D. Florida

August 29, 2019

JUAN TUNON-PADRON, Plaintiff,
v.
PATRICK LEON RIGGINS, et al., Defendants.

          Juan A. Tunon-Padron, Pro Se

          REPORT OF MAGISTRATE JUDGE

         I. Introduction

         Plaintiff, Juan Tunon-Padron, has filed a pro se civil rights complaint, pursuant to 42 U.S.C. § 1');">1');">1');">1');">1');">1');">1');">1983, arising from a July 201');">1');">1');">1');">1');">1');">1');">17 incident at Everglades Correctional Institution ("Everglades CI") in which he was unlawfully pepper-sprayed. [ECF 1');">1');">1');">1');">1');">1');">1');">1, pp. 5-9]. Plaintiff sues the following Defendants: (1');">1');">1');">1');">1');">1');">1');">1) Patrick Leon Riggins (“Riggins”); (2) Assistant Warden Heron (“Heron”); (3) Lieutenant Thompson (“Thompson”), and (4) a John Doe Captain, all of which are employees of Everglades CI. (Id.). He alleges that (1');">1');">1');">1');">1');">1');">1');">1) Riggins used unlawful and excessive force by maliciously and sadistically spraying Plaintiff and other inmates; (2) Riggins retaliated by falsifying a disciplinary report; (3) Heron threatened to retaliate against Plaintiff if he filed a grievance about the incident; and, (4) Heron, Thompson, and John Doe directly participated in the unlawful use of force or otherwise stood by and watched, failing to intervene when Riggins used unlawful and excessive force. [Id., p. 9]. Plaintiff was previously granted pauper status. [ECF 5].

         As discussed below, the complaint should proceed against (1');">1');">1');">1');">1');">1');">1');">1) Riggins on the unlawful use of force and for falsifying a disciplinary report; and, (2) Heron, Thompson, and John Doe for directly participating in the unlawful use of force or for otherwise standing by and watching, failing to intervene when Riggins used unlawful and excessive force.

         This case has been referred to the undersigned for issuance of all preliminary orders and recommendations to the district court regarding dispositive motions. See 28 U.S.C. § 636(b)(1');">1');">1');">1');">1');">1');">1');">1)(B), (C), Fed.R.Civ.p. 72(b), S.D. Fla. Local Rule 1');">1');">1');">1');">1');">1');">1');">1(f) governing Magistrate Judges, and S.D. Fla. Admin. Order 201');">1');">1');">1');">1');">1');">1');">19-02.

         II. Factual Allegations

         Plaintiff alleges that in July 201');">1');">1');">1');">1');">1');">1');">17, he was an inmate at Everglades CI, during a “lock down” following an unrelated stabbing of an orderly. [ECF 1');">1');">1');">1');">1');">1');">1');">1, p. 6]. Between 1');">1');">1');">1');">1');">1');">1');">10 a.m. and 7:00 p.m., Plaintiff claims he and twenty-seven other inmates were escorted to F-Dorm, the Special Housing Dormitory to secure inmates in conferment status. [Id.]. At the time, he and the other inmates were located in the Wing 3 sally port. [Id.]. While there, corrections officers randomly selected Plaintiff and fourteen other inmates, took them outside the front of F-Dorm, and ordered the inmates down onto the ground. [Id.].

         Plaintiff alleges Riggins threatened the inmates, stating he was going to “beat your asses today.” [Id., p.7]. Riggins appeared visibly upset as he ordered the Plaintiff and other inmates to get up off the ground and escorted them to another location, away from the view of any cameras. [Id.]. Riggins then ordered Plaintiff and the others to get down on the dirt, in a prone position, with their faces towards the earth and their hands behind their backs. [Id.]. Riggins then stated he was going to “pick (5) of those little fuck ups and spray the shit out of them until it kills one of them.” [Id.].

         Plaintiff claims Riggins picked him and four others, ordered them to look up towards the sky, at which time Riggins began spraying Plaintiff and the others directly in their faces, eyes, noses, and mouths. [Id.]. Plaintiff alleges Riggins actions were done maliciously and sadistically, for the sole purpose of causing severe and unnecessary physical pain and suffering. [Id.]. He maintains that Heron, Thompson, and John Doe “participated” with Riggins in the unlawful use of force or otherwise stood by, failing to intervene. [Id., p. 9].

         When asked why they were being sprayed, Plaintiff claims he was told it was because they had “taken their hands off their heads in an effort to reach and pull Assistant Warden Heron's legs up from under him.” [Id., pp. 7-8]. Plaintiff alleges this was false, as he and the others were following orders. [Id., p. 8]. Afterwards, Plaintiff alleges he received a false disciplinary report designed to “cover up” the unjustified excessive use of force. [Id]. Plaintiff alleges that Heron threatened to retaliate against him if he filed a grievance. [Id., pp. 7-8].

         He recounts that, although he was allowed to shower, he was forced to put on the same chemically saturated clothing, and then taken to confinement in Wing 4. [Id.]. He was not permitted to change clothing during the course of the next 24 hours. [Id.]. Plaintiff and the others were then transported by van to different institutions, but not before being warned against filing any grievances. [Id.]. Notwithstanding, Plaintiff alleges he filed grievances, and that he and the others were denied food for two to three weeks. [Id.].

         As a result of an investigation into the incident, he was summoned to be a witness in a criminal case filed against Riggins in Miami-Dade County Circuit Court, No. F1');">1');">1');">1');">1');">1');">1');">18-009890, but claims prison officials never transported him to the court hearing on April 22, 201');">1');">1');">1');">1');">1');">1');">19. [Id., p. 9].

         Plaintiff seeks nominal, compensatory, and punitive damages. [Id.].

         III. Standard of Review- 28 U.S.C. §1');">1');">1');">1');">1');">1');">1');">191');">1');"> ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.