Once again, my friend Steve Hampton, Esq. has done a fine job in suing several prison officials responsible for the brutal beating of an inmate. What you read below is not an uncommon occurrence in today’s prisons.
Unfortunately, the only way to greatly reduce such crimes is to LOCK UP SOME OF THE PERPETRATORS! READ:
Excerpts from the Lawsuit:
18. Poorman physically abused Green when he was defenseless and non-resisting by beating, punching, and jumping on him, and also caused another officer to spray pepper spray into his eyes, nose and mouth.
19. Poorman violated DOC policy 8.30 regulating use of force against inmates. Section V of the policy states in part:
a. The use of force must be reasonable under the circumstances and should be used only when no other reasonable alternative is available. If possible, staff shall take reasonable steps to deescalate a situation or otherwise prevent the need to use of force. The use of force may not be used as a retaliatory or disciplinary measure. Physical instruments of restraint (handcuffs, shackles, chains, etc.) of any type shall not be applied as punishment. Use of excessive force by the Department employees or other persons is prohibited. Any violation of this policy may result in disciplinary action, up to and including termination
20. Defendant Poorman used excessive, unwarranted and unnecessary force when he physically attacked Mr. Green without cause, violating his civil rights pursuant to 42 U.S.C. §1983, and violating his 8th Amendment right to be free of cruel and unusual punishment.
21. Defendant Poorman acted:
Defendant Poorman used excessive, unwarranted and unnecessary force when he physically attacked Mr. Green without cause, violating his civil rights pursuant to 42 U.S.C. §1983, and violating his 8th Amendment right to be free of cruel and unusual punishment.
21. Defendant Poorman acted:
c. With malice; and
d. In a manner which violated Mr. Green’s civil rights.
22. The intentional acts of Defendant Poorman constituted:
c. Intentional infliction of emotional distress; and
d. A violation of Mr. Green’s ’s constitutional civil rights pursuant to 42 U.S.C. §1983 and his 8th Amendment right to be free of cruel and unusual punishment.
23. As a result of the intentional actions of Defendant Poorman, Mr. Green has suffered the following injuries:
a. Physical injuries including exacerbation of injuries sustained when Green fell about 30 feet to the ground;
b. Tremendous physical pain at the time he was being beaten by defendant Poorman and when Poorman instructed another officer to pepper spray his face while he was handcuffed and already suffering tremendous pain from his broken bones;
c. Past, present and future physical, mental and emotional pain and anguish, and humiliation.
GRADY & HAMPTON, LLC
You can reach Steve at:
Stephen A. Hampton
Stephen A. Hampton (# 2451)
6 N. Bradford Street
Dover, DE 19904