The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
FINDINGS AND RECOMMENDATIONS
Plaintiff, who is proceeding pro se, brings this civil rights action for damages. Pending before the court is defendants' motion for summary judgment (Doc. 18). Plaintiff has not filed any opposition to the motion.
A. Plaintiff's Allegations
On the 2nd of August 2006 while being detained on an alleged charge, I was man-handled and thrown onto the bottom three stairs of the upper and lower levels in pod 3-C of the Shasta County Detention Facility in which my left ulnar nerve in my left elbow was crushed and now permanently hindering my movement and strength in my left pinky and ring finger. Also in the altercation with officer Hicks and officer Dudley my right ulnar bone in my right lower forearm was broken in which I received a compound spiral fracture. When officer Hicks and officer Dudley hand cuffed me behind my back and then tried to lift me (a 6'2" 260 pound man) up by using the chain between the cuffs (Hicks) and Dudley lifting at my ankles. After lifting me up several sets of stairs of a flight of approximately twenty. There was a snap and my right forearm was broken. I requested a copy of the videotape of the incident, but was told there was not one ever recorded. I felt this unprofessional and quite convenient for officers Hicks and Dudley.
It then took the Sheriffs two full days after a lot of complaining by myself to finally be allowed to see a doctor for an X-ray to be taken. This in itself was totally unprofessional, totally out of order, and I'm sure against the LAW. The x-ray showed the spiral fracture. At which time I was taken to the Shasta Regional Medical Center (SRMC) and given a temporary cast. I was then put in lock down, not medical housing like proper procedure would call. I was found not guilty of the alleged charges filed against me. I was released from the Shasta County Detention Facility. Went to see my doctor David Hankin. Where I was informed that the Shasta County Detention Facility and Sheriff's Department would no longer be responsible for the payment of my/the medical bills.
So in short, I am arrested for something I did not do, held in jail for ten months of my life. Lost everything I had, my house, my job, my vehicles, my girlfriend, my dog, basically my whole life. Then I have a broken right arm which may need to be re-broken and pinned says the doctor. I was also told that I would develop a certain amount of arthritis in that lower right arm and wrist and would have it for the rest of my life. I had to have surgery on November 3rd 2006 to my left ulnar nerve. In which there are thousands of dollars in doctor bills. I feel there needs to be something done. I am a United States citizen, and I feel that this WAS and IS against my Constitutional rights.
Plaintiff seeks compensatory damages.
Based on the evidence submitted by defendants, the following facts are undisputed:
1. Plaintiff was a pre-trial detainee at the Shasta County Jail from January 26, 2006, through September 27, 2006;
2. On August 2, 2006, defendant Hicks and another officer were escorting plaintiff, who was unrestrained at the time, to his new cell assignment;
3. As plaintiff and the officers reached the sally port between B and C blocks, plaintiff was informed that he would be receiving an upper tier cell assignment and that he would have an upper bunk;
4. Upon learning this, plaintiff began to yell at the officers that he refused such an assignment because he had paperwork stating he should be housed on the lower level in a lower bunk;
5. Plaintiff became aggressive and confrontational, throwing his tub of personal belongings onto the floor;
6. Defendant Hicks became concerned for his safety and placed plaintiff's right wrist in a rear wrist lock in order to gain control of ...