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Lugo v. Williams

November 22, 2010

RUSTY LUGO, PLAINTIFF,
v.
WILLIAMS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983.*fn1 Pending before the court is defendants' unopposed motion to dismiss (Doc. 24) based on failure to exhaust administrative remedies. In the alternative, defendants seek summary judgment on the merits of plaintiff's claims. Submitted with defendants motion and before the court is defendants' statement of undisputed facts ("UF"; Doc. 25), with accompanying exhibits.*fn2

I. BACKGROUND

Plaintiff names Williams and Malvia as defendants. He claims that, in May 2007, defendants were deliberately indifferent to the conditions of his confinement and used excessive force. In particular, plaintiff alleges that he was left in restraints for eight hours. Defendants' undisputed evidence establishes the following:

1. On the morning of May 4, 2007, correctional officers discovered inmate Perry in the dayroom with a swollen and bleeding mouth;

2. Because no officers observed what had happened, an investigation was initiated;

3. Several inmates were interviewed as part of the investigation;

4. According to the inmate witnesses, plaintiff was in the dayroom and, when Perry entered, plaintiff approached him, said a few words, then struck Perry in the mouth with his fist;

5. Plaintiff was then placed in restraints and taken to the medical clinic by defendant Malvia to be reviewed both medically and psychiatrically before placement in administrative segregation;

6. Plaintiff arrived at the clinic and became disruptive, at times swearing at correctional staff;

7. The nurse specifically noted that plaintiff refused an examination, telling her to "get out of my face" and "go stick your head in a toilet";

8. Based on plaintiff's continued disruptive behavior while in the clinic, plaintiff was placed in a prone position by defendant Malvia whereupon leg restraints were applied;

9. Plaintiff complied with defendant Malvia's instructions during the application of restraints and admitted during his deposition that his behavior could be seen as resistive;

10. Upon examination by the prison psychologist, the doctor noted that plaintiff had been restrained due to resistive behavior and that plaintiff was "highly agitated";

11. The doctor cleared plaintiff for administrative segregation placement, but did not order restraints removed at that time;

12. Plaintiff was seen at the medical clinic later the same day complaining of an inability to breathe;

13. Upon examination, the clinic nurse noted that plaintiff had a slightly "prolonged expiration but ...


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