Terrance Dean Civil Rights Prison Abuse Case

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

TERRANCE DEAN, )

Plaintiff, )

v. )

)

DARREN J. DOUGLASS ) CFAN: 5:12-cv-120 (CAR-MSH)

WILLIE REDDEN, )

CHRISTOPHER HALL, )

RONALD LACH, )

KERRY BOLDEN, )

DELTON RUSHIN, )

DERRICK WIMBUSH, )

JAMES HINTON )

KEVIN DAVIS, )

TREVONZA BOBBITT, )

DUNN BLAKELY, AND )

EMMETT MCKENZIE, )

present and former correctional )

officers, Macon State Prison, being )

sued in their individual and )

supervisory capacities, )

)

Defendants. )

PLAINTIFF’S AMENDED COMPLAINT

Mr. Dean by and through his attorney of record files this Amended Complaint

for all permissible damages, by using 42 U.S.C. §§ 1983 and 1988 to vindicate his

rights under the Eighth Amendment and Fourth Amendment of the U.S.

Constitution, because Defendants deprived Mr. Dean of his constitutional right to be

free from cruel and unusual punishment. To support his Amended Complaint, Mr.

Dean alleges the following:

Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 of 33

PRELIMINARY STATEMENT

This case underscores why both the Supreme Court of the United States and

the Eleventh Circuit Court of Appeals agree that “[i]n its prohibition of ‘cruel and

unusual punishments,’ the Eighth Amendment places restraints on prison officials,

who may not, for example, use excessive physical force against prisoners …

[because] ...[b]eing violently assaulted in prison is simply not part of the penalty that

criminal offenders pay for their offenses against society.” Matthews v. Crosby 480 F.

3d 1265, 1270 (11th

Cir.2007) (citing Farmer v. Brennan 511 U.S. 825, 114 S. Ct.

[1970]). After initially making false statements under oath, Defendants later

admitted that on December 16, 2010 they restrained Mr. Dean with handcuffs, took

him to a gymnasium that had no video surveillance, then, beat him for quite some

time. Defendants’ deliberate, sadistic and malicious conduct left Mr. Dean

unconscious, with a Glasgow Coma Score of 3 out of 15- and with long term

physical and mental injuries.

Additionally, both the investigative report by the Georgia Bureau of

Investigation (“GBI”) and witness testimony reveal that Macon State Prison had a

pattern and practice of taking handcuffed inmates on a “walk” to the subject

gymnasium (with no video surveillance) to “calm them down”: to beat them in a

manner that the U.S. Constitution prohibits. At the time of his beating, Mr. Dean’s

constitutional right not to be beaten while handcuffed and non-resisting had been

clearly established.


JURISDICTION

1.

Jurisdiction is proper and based upon 28 U.S.C. §§ 1331, 1332, and 1343.

VENUE

2.

Venue is proper and based upon 28 U.S.C. § 1391. Also, the events or

omissions related to Mr. Dean’s claims arose in Macon County, GA at Macon State

Prison. See L.R. 3.4.

PARTIES

A. Mr. Dean

3.

At all times relevant to this Complaint, Mr. Dean was a citizen of the United

States, residing in Macon, Georgia. Mr. Dean submits to the jurisdiction and venue

of this Court; thus he files this action under federal law for all general, special,

compensatory, punitive, and any other permissible damages. Also, Mr. Dean has

complied with all requisites to file this suit.

B. Defendants

• Defendants Hall, Douglass, Redden, Lach, Bolden, Rushin, and

Wimbush will be referred to as “Defendant C.E.R.T. Officers.”

4.

Defendant Christopher Hall was at all times relevant to this action employed by

the Georgia Department of Corrections (“GDC”) and a sergeant at Macon State

Prison who supervised its Correctional Emergency Response Team (“C.E.R.T.”).

Sergeant Hall admits that (1) he was present when Defendant C.E.R.T. Officers beat

Mr. Dean and that (2) he permitted Defendant C.E.R.T. Officers to beat Mr.


Dean-for some time- while Mr. Dean was handcuffed. Sergeant Hall failed to take

reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive

force) inflicted by Defendant C.E.R.T. Officers under Sergeant Hall’s supervision .

Sergeant Hall conspired with other Defendant C.E.R.T. Officers to take Mr. Dean

to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers

could beat Mr. Dean while he was handcuffed, then, Sergeant Hall personally beat

Mr. Dean along with Defendant C.E.R.T. Officers under his supervision. Sergeant

Hall incited, directed, and ratified the unconstitutional beating. Consequently,

Sergeant Hall is being sued in his individual capacity and may be served at 2250

GA HWY 26 W. Buena Vista, GA 31803.

5.

Defendant Darren J. Douglass was at all times relevant to this action an officer at

Macon State Prison who the GDC employed. On December 16, 2010, Defendant

Douglass maliciously and sadistically assaulted and battered Mr. Dean-while Mr.

Dean was handcuffed. Defendant Douglass’ conduct was deliberate, punitive, cruel

and unusual (excessive), and had the sole purpose of inflicting physical and mental

pain upon Mr. Dean. Defendant Douglass conspired with other Defendant C.E.R.T.

Officers to take Mr. Dean to the gymnasium (with no video surveillance) so

Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed, then,

Defendant Douglass personally assaulted and battered Mr. Dean along with other

Defendant C.E.R.T. Officers. Defendant Douglass also failed to take reasonable

steps to protect Mr. Dean from cruel and unusual punishment (excessive force)

inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Douglass is

being sued in his individual capacity and may be served at 126 B Fairway Two


Drive, Americus, GA 31719.

6.

Defendant Willie Redden was at all times relevant to this action an officer at


Redden maliciously and sadistically assaulted and battered Mr. Dean-while Mr.

Dean was handcuffed. Defendant Redden’s conduct was deliberate, punitive, cruel

and unusual (excessive), and had the sole purpose of inflicting physical and

mental pain upon Mr. Dean. Defendant Redden conspired with Defendant

C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance)

so Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed,

then, Defendant Redden personally assaulted and battered Mr. Dean along with

Defendant C.E.R.T. Officers. Defendant Redden also failed to take reasonable


inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Redden is

being sued in his individual capacity and may be served at 1613 Ken Gardens Rd.

Albany, GA 31707.

7.

Defendant Ronald Lach was at all times relevant to this action an officer at


Lach maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean

was handcuffed. Defendant Lach’s conduct was deliberate, punitive, cruel and

unusual (excessive), and had the sole purpose of inflicting physical and mental pain

upon Mr. Dean. Defendant Lach conspired with Defendant Officers to take Mr. Dean

to the gymnasium (with no video surveillance) so Defendant Officers could beat him


while he was handcuffed, then, Defendant Lach personally assaulted and battered

Mr. Dean along with Defendant C.E.R.T. Officers. Defendant Lach also failed to

take reasonable steps to protect Mr. Dean from cruel and unusual punishment

(excessive force) inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant

Lach is being sued in his individual capacity and may be served at 1783 HWY 49

South, Oglethorpe GA 31068.

8.

Defendant Kerry Bolden was at all times relevant to this action an officer at


Bolden maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean

was handcuffed. Defendant Bolden’s conduct was deliberate, punitive, cruel and


upon Mr. Dean. Defendant Bolden conspired with Defendant C.E.R.T. Officers to

take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T.

Officers could beat him while he was handcuffed, then, Defendant Bolden personally

assaulted and battered Mr. Dean along with Defendant C.E.R.T. Officers. Defendant

Bolden also failed to take reasonable steps to protect Mr. Dean from cruel and

unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers.

Consequently, Defendant Bolden is being sued in his individual capacity and may be

served at 514 Williams St., Vienna, GA 31092.

9.

Defendant Delton Rushin was at all times relevant to this action an officer at


Rushin maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean


was handcuffed. Defendant Rushin’s conduct was deliberate, punitive, cruel and


upon Mr. Dean. Defendant Rushin conspired with Defendant C.E.R.T. Officers to


Officers could beat him while he was handcuffed, then, Defendant Rushin personally

assaulted and battered Mr. Dean along with Defendant C.E.R.T. Officers. Defendant

Rushin also failed to take reasonable steps to protect Mr. Dean from cruel and

unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers.

Notably, Defendant Rushin’s understanding of constitutional limits placed upon him

as an officer regarding cruel and unusual punishment is so skewed that he stated to a

GBI Investigator: Mr. Dean “got what he deserved.” Consequently, Defendant

Rushin is being sued in his individual capacity and may be served at 3214 Fern

Ridge Dr., Albany, GA 31721.

10.

Defendant Derrick Wimbush was at all times relevant to this action an officer

at Macon State Prison who the GDC employed. On December 16, 2010, Defendant

Wimbush maliciously and sadistically assaulted and battered Mr. Dean-while Mr.

Dean was handcuffed. Defendant Wimbush’s conduct was deliberate, punitive, cruel

and unusual (excessive), and had the sole purpose of inflicting physical and mental

pain upon Mr. Dean. Defendant Wimbush conspired with Defendant C.E.R.T.

Officers to take Mr. Dean to the gymnasium (with no video surveillance) so

Defendant C.E.R.T. Officers could beat him while he was handcuffed, then,

Defendant Wimbush personally assaulted and battered Mr. Dean along with

Defendant C.E.R.T. Officers. Defendant Wimbush also failed to take reasonable



inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Wimbush is

being sued in his individual capacity and may be served at 931 Buena Vista HWY,

Mauk, GA 31058.

11.

Defendant Deputy Warden James Hinton was at all times relevant to this

action a Deputy Warden at Macon State Prison who the GDC employed. Defendant

Hinton had supervisory and managerial responsibilities over Defendant C.E.R.T.

Officers. Defendant Hinton ratified and encouraged the beating of Mr. Dean by

knowingly and willfully permitting Defendant C.E.R.T. Officers to take inmates

such as Terrance Dean to the gym- where there are no surveillance

cameras- to beat them while handcuffed, as punishment for perceived misconduct.

Defendant Hinton failed to take reasonable steps to stop the pattern and practice of

beating handcuffed inmates inside the gym where Mr. Dean was beaten. Defendant

Hinton proximately caused Mr. Dean’s injuries because Defendant Hinton

permitted and encouraged Defendant C.E.R.T. Officers’ to deliberately take

inmates to a secluded area (the gym) and then beat them in an unconstitutional

manner. Defendant Hinton’s knowledge that members of C.E.R.T., including

Defendant C.E.R.T. Officers, beat inmates such as Mr. Dean-while handcuffed-

within the subject gym is evidenced by Defendant Hall’s statement that Defendant

Hinton knew that there existed a pattern and practice of Defendant C.E.R.T.

Officers taking inmates to the gym to beat them while those inmates were

handcuffed. Defendant Hinton may be served at Macon State Prison, 2728 HWY

49 South, Oglethorpe, GA 31068.


12.

Defendant Captain Kevin Davis was at all times relevant to this action a

Captain at Macon State Prison who the GDC employed. Defendant Davis had

supervisory and managerial responsibilities over Defendant Hall and the other

Defendant C.E.R.T. Officers. Defendant Davis ratified and encouraged the beating

of Mr. Dean by knowingly and willfully permitting Defendant C.E.R.T. Officers to

take inmates such as Terrance Dean to the gym- where there are no surveillance

cameras- to beat them while handcuffed, as punishment for perceived misconduct.

Defendant Davis failed to take reasonable steps to stop the pattern and practice of

beating handcuffed inmates inside the gym where Mr. Dean was beaten. Defendant

Davis proximately caused Mr. Dean’s injuries because Defendant Davis permitted

and encouraged Defendant C.E.R.T. Officers’ to deliberately take inmates to a

secluded area (the gym) and then beat them in an unconstitutional manner.

Defendant Davis’s knowledge that members of C.E.R.T., including Defendant

C.E.R.T. Officers, beat inmates such as Mr. Dean- while handcuffed- within the

subject gym is evidenced by Defendant Hall’s statement that Defendant Davis knew

that there existed a pattern and practice of Defendant C.E.R.T. Officers taking

inmates to the gym to beat them while they were handcuffed. Defendant Davis may

be served at Macon State Prison, 2728 HWY 49 South, Oglethorpe, GA 31068.

RELEVANT FACTS

When prisoners plead facts sufficient to infer that they were maliciously and

sadistically beaten by prison officials, those officials are not entitled to qualified

immunity. See McReynolds v. Alabama Dept. of Youth Services, 204 Fed Appx.

819 (11th

Cir. 2006).


13.

On December 16, 2010 a correctional officer (“Officer Walden”) at Macon

State Prison and Mr. Dean engaged in a verbal and physical confrontation;

consequently, an emergency code was given over the radio indicating that an Officer

needed assistance.

14.

Defendant C.E.R.T. Officers responded to the incident involving Mr. Dean

and Officer Walden on December 16, 2010.

15.

Testimonial and visual evidence indicates that Mr. Dean did not have any

visible injuries while at the scene of the altercation between himself and Officer

Walden and that Mr. Dean left the dorm room where the incident occurred walking

normally, on his own accord, while being escorted by C.E.R.T. members.

16.

Standard Operating Procedure (“SOP”) applicable to Defendant C.E.R.T.

Officers required them to video record themselves and Mr. Dean as they escorted

him to the medical unit, because Mr. Dean was involved in a use of force incident

with Officer Walden.

17.

Defendant C.E.R.T. Officers intentionally violated their SOP by failing to

video record themselves escorting Mr. Dean to the medical unit.

18.

Instead of taking Mr. Dean directly to the medical unit as required by standard

operating procedure, Defendant C.E.R.T. Officers deliberately took Mr. Dean to the


gymnasium where there was no video surveillance inside.

19.

By the time Mr. Dean was inside the subject gymnasium, Defendant

C.E.R.T. Officers knew that Mr. Dean was taken to the subject gymnasium while

Mr. Dean’s hands were cuffed behind his back.

20.

Defendant Hall knew at the time that Defendant C.E.R.T. Officers where

physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands

cuffed behind his back.

21.

Defendant Douglass knew at the time that Defendant C.E.R.T. Officers where



22.

Defendant Redden knew at the time that Defendant C.E.R.T. Officers where



23.

Defendant Lach knew at the time that Defendant C.E.R.T. Officers where



24.

Defendant Bolden knew at the time that Defendant C.E.R.T. Officers where




25.

Defendant Rushin knew at the time that Defendant C.E.R.T. Officers where



26.

Defendant Wimbush knew at the time that Defendant C.E.R.T. Officers where



27.

At the time Mr. Dean was taken-handcuffed- to the subject gym, Defendant

C.E.R.T. Officers knew that the gymnasium where Mr. Dean was taken had no video

surveillance cameras to monitor activity inside the gym.

28.

Defendant C.E.R.T. Officers knew and ensured that no other staff besides

themselves and Mr. Dean was inside the gym before Defendant C.E.R.T. Officers

physically and sadistically beat Mr. Dean.

29.

Defendant C.E.R.T. Officers were present inside the subject gymnasium

with Mr. Dean at all relevant times to this lawsuit.

30.

Defendant C.E.R.T. Officers intentionally beat Mr. Dean while they all

were inside the subject gymnasium and while Mr. Dean was handcuffed, not

resisting.


31.

There was no need to beat Mr. Dean while he was handcuffed other than

Defendant C.E.R.T. Officers sadistic need to punish Mr. Dean without having

performed any investigation into the matter: it appears that Officer Walden entered

into a voluntary verbal and physical altercation with Mr. Dean.

32.

Mr. Dean posed no reasonable threat to any Defendant C.E.R.T. Officers (or

anyone else) as they escorted him- with his hands cuffed behind his back- to the

subject gymnasium.

33.

Defendant C.E.R.T. Officers punished Mr. Dean for his altercation with

Officer Walden by intentionally- and repeatedly- hitting (battering) Mr. Dean while

he was handcuffed, evidenced by Defendant Rushin’s warped comment that Mr.

Dean “got what he deserved.”

34.

Defendant Hall was present when Defendant C.E.R.T. Officers were

physically hitting Mr. Dean inside the subject gymnasium.

35.

Defendant Douglass was present when Defendant C.E.R.T. Officers were


36.

Defendant Redden was present when Defendant C.E.R.T. Officers were



37.

Defendant Lach was present when Defendant C.E.R.T. Officers were


38.

Defendant Bolden was present when Defendant C.E.R.T. Officers were


39.

Defendant Rushin was present when Defendant C.E.R.T. Officers were


40.

Defendant Wimbush was present when Defendant C.E.R.T. Officers were


41.

Defendant C.E.R.T. Officers know that C.E.R.T. members had to carry Mr.

Dean to the medical unit from the gym after they stopped beating Mr. Dean while

he was handcuffed.

42.

Defendant Hall made false statements under oath by initially denying that

he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the

subject gym while Mr. Dean was handcuffed.

43.

Defendant Douglas made false statements under oath by initially denying that




44.

Defendant Redden made false statements under oath by initially denying that



45.

Defendant Lach made false statements under oath by initially denying that



46.

Defendant Bolden made false statements under oath by initially denying that



47.

Defendant Rushin made false statements under oath by initially denying that



48.

Defendant Wimbush made false statements under oath by initially denying

that he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the


49.

Defendant Hall admits to making his initial report of the subject incident

“fit” like a “puzzle” with the false reports made by Defendant C.E.R.T. Officers

who physically beat Mr. Dean in the subject gymnasium.


50.

Defendant Douglass either read other Defendant C.E.R.T. Officers’ initial

reports about the subject incident before writing his initial report, or he discussed

his initial report with other Defendant C.E.R.T. Officers before submitting his

report to the appropriate officials.

51.

Defendant Redden either read other Defendant C.E.R.T. Officers’ initial

reports about the subject incident before writing his initial report, or he discussed his

initial report with other Defendant C.E.R.T. Officers before submitting his report to

the appropriate officials.

52.

Defendant Lach either read other Defendant C.E.R.T. Officers’ initial reports

about the subject incident before writing his initial report, or he discussed his initial

report with other Defendant C.E.R.T. Officers before submitting his report to the

appropriate officials.

53.

Defendant Bolden either read other Defendant C.E.R.T. Officers’ initial


initial report with otherDefendant C.E.R.T. Officers before submitting his report to



54.

Defendant Rushin either read other Defendant C.E.R.T. Officers’ initial




55.

Defendant Wimbush either read other Defendant C.E.R.T. Officers’ initial




56.

While in Macon State Prison’s medical unit, Mr. Dean was diagnosed with

gross deformity to the head, closed head trauma, five inch long hematoma to the

head and temple, laceration on the mouth, and right pupil “fixed” (“blown out”) and

dilated. Mr. Dean was non responsive to verbal commands (“no speech”) and had an

“altered mental status.” Once an Emergency Response Team appeared to take Mr.

Dean to a local hospital, evidence capable of being reduced to admissible testimony

indicates that if Mr. Dean “[w]as not an inmate we [the 17 Emergency Response

Team] would have called life flight immediately.” Mr. Dean was transported to

several hospitals where he was diagnosed with, inter alia, a Glasgow Coma Index

ranging from 3 to 5 (a score of zero being the lowest possible out of 15). Ultimately,


Mr. Deanwas diagnosed with acute brain injury and white matter changes in his

brain, amongst many other serious medical conditions. After spending approximately

two weeks in the hospital, Mr. Dean was transported back to prison where he

received speech therapy, motor skills therapy, and physical rehabilitation for months.

He now struggles to write legibly, has to wear a brace on his leg so his foot won’t

turn inward, and suffers from “pressure on his brain,” which requires him

to take seizure medication three times a day. He also suffers from spontaneous,

frequent fatigue in his arms and legs.

57.

Defendant C.E.R.T. Officers’ brutal conduct caused Mr. Dean to incur over

seventythousand dollars in medical expenses in just twelve days; his injuries were

not (nor are) de minimis.

58.

Some of Defendant C.E.R.T. Officers have characterized the inhumane time

span they were beating of Mr. Dean as a “dog pile,” and that the beating of Mr. Dean

“went too far.” And that what happened to Mr. Dean was “not right.” And after

seeing Mr. Dean lying motionless on the ground and in the medical department of

Macon State Prison, Defendant Hall said “I might as well took it [presumably his

uniform] off right then, it’s done, we in trouble.”


59.

Some of Defendant C.E.R.T. Officers have admitted that it was accepted practice

amongst Macon State Prison Officials to handcuff inmates, take them to the subject

gym, and then beat them. According to the GBI Report, Defendant Douglass said he

knew orders (the “word”) came from above the C.E.R.T. chain of command

regarding the use of excessive force against inmates. Also, when Defendant Hall was

asked “who knows above you that this was going on [taking inmates to the gym to

beat them], he answered: “everybody,” naming his direct superiors Deputy Warden

James Hinton and Captain Kevin Davis, who both supervise and

manage C.E.R.T. members including Defendant Sergeant Hall.

60.

Macon State Prison no longer employs Defendant C.E.R.T. Officers.

COUNT I

VIOLATION OF EIGHTH AND FOURTEENTH AMENDMENTS TO THE

UNITED STATES CONSTITUTION AND 42 U.S.C. § 1983

(Against Defendants Hall, Douglass, Redden, Lach, Bolden, Rushin, and Wimbush)

61.

Mr. Dean re-alleges in this Count, as if stated verbatim, all factual allegations in ¶¶

4-10, 15, 20-26, 29-41, 56-58, and any other paragraph this Court deems applicable.

Also, every fact and allegation in this Count supports Mr. Dean’s allegation that

before, and at the time, Defendant C.E.R.T. Officers beat Mr. Dean while he was

handcuffed and non-resisting, Mr. Dean had a clearly established constitutional right


to be free from cruel and unusual punishment in the form of, inter alia, being beaten

while handcuffed and non-resisting.

62.

Defendant C.E.R.T. Officers acting under the color of state law, violated Mr.

Dean’s rights under the Eighth and Fourteenth Amendments to the United States

Constitution by using malicious, sadistic and otherwise inhumane force against Mr.

Dean. Matthews supra; See also, Hudson v. McMillan,503 U.S. 1, 7 (1992). The

force used by Defendant C.E.R.T. Officers, while Mr. Dean was non-resisting and

restrained with his hands cuffed behind his back, was excessive and beyond any

force reasonably necessary to maintain order.

63.

Defendant C.E.R.T. Officers acted with a deliberate, malicious and retaliatory

purpose (intent) to inflict harm. The force used by Defendant C.E.R.T. Officers was

more than de minimis force.

64.

Defendant C.E.R.T. Officers’ sadistic conduct directly and proximately caused

Mr. Dean to suffer significant physical and emotional injuries in an amount to be

proven at trial.


65.

Defendant Officers’ conduct evidenced a willful, carefree disregard for Mr.

Dean’s constitutional right to be free from cruel and unusual punishment.

Furthermore, Defendant Officers attempted to cover up their unconstitutional

conduct by making false statements under oath that led initial investigators to believe

they may had not beaten Mr. Dean. Consequently, Mr. Dean is entitled to all

permissible damages, including punitive damages. Punitive damages are essential to

deter future Eighth Amendment excessive force violations at this institution.

COUNT II

SUPERVISORY LIABILITY

(Against Defendants Hall, Hinton, and Davis, Bobbitt, Blakley and McKenzie)

“Supervisory liability under 42 U.S.C. § 1983 occurs when the supervisor

personally participates in the alleged constitutional violation or when there is a

causal connection between the actions of the supervising official and the alleged

constitutional deprivation.” Matthews supra, at 1269- 70. The acts and omissions of

all Defendants named in this Count proximately caused the deprivation of Mr.

Dean’s clearly established constitutional right to be free from cruel and unusual

punishment in the form of, inter alia, being beaten while handcuffed and

non-resisting.


66.

Mr. Dean re-alleges in this Count, as if fully stated verbatim, all factual

allegations set forth in ¶¶ 4, 11, 12, and 59, and any other paragraph that this Court

deems applicable.

67.

Defendant Hall supervised and ratified the beating of Mr. Dean by failing to

take reasonable steps to immediately stop C.E.R.T. members under his supervision

from beating Mr. Dean in Defendant Hall’s presence. Defendant Hall also incited the

beating of Mr. Dean by participating in the beating- his conduct demonstrated a

consummate deliberate indifference to Mr. Dean’s constitutional right to be free

from cruel and unusual punishment. Consequently, Defendant Hall directly and

proximately caused Mr. Dean to suffer severe physical and emotional injury.

68.

Defendant Hinton proximately caused Mr. Dean’s severe physical and

emotional injuries by encouraging and ratifying Defendants’ conduct of handcuffing

inmates, then, taking them to the gym-where no cameras were present- to beat them

as punishment for perceived misconduct. By permitting and encouraging this

conduct before Mr. Dean was injured, Defendant Hinton ratified the very conduct

that caused Mr. Dean’s severe physical and mental injuries; thus there exist a causal

connection between Defendant Hinton’s conduct and Mr. Dean’s serious injuries.


Defendant Hinton’s culpability (deliberate indifference) is evidenced, inter alia, by

Defendant Hall’s admission that Defendant Hinton knew that Macon State Officers,

including Defendant C.E.R.T. Officers, beat handcuffed inmates in the subject gym-

witness testimony reasonably infers that Defendant Hinton did nothing to stop this

patently unconstitutional conduct.

69.

Defendant Davis proximately caused Mr. Dean’s severe physical and




conduct before Mr. Dean was injured, Defendant Davis ratified the very conduct that

caused Mr. Dean’s severe physical and emotional injuries; thus there exist

a causal connection between Defendant Davis’ conduct and Mr. Dean’s serious

injuries. Defendant Davis’ culpability (deliberate indifference) is evidenced, inter

alia, by Defendant Hall’s admission that Defendant Davis knew that Macon State

Officers, including Defendant C.E.R.T. Officers, beat handcuffed inmates in the

subject gym- witness testimony reasonably infers that Defendant Davis did nothing

to stop this patently unconstitutional conduct.


70.

Defendant Bobbitt proximately caused Mr. Dean’s severe physical and




conduct before Mr. Dean was injured, Defendant Bobbitt ratified the very conduct

that caused Mr. Dean’s severe physical and emotional injuries; thus there exist a

causal connection between Defendant Bobbitt’s conduct and Mr. Dean’s serious

injuries. Defendant Bobbitt’s culpability (deliberate indifference) is evidenced, inter

alia, by Defendant McKenzie’s testimony in a plea agreement that he informed

Defendant Bobbitt that Mr. Dean was being unconstitutionally beaten and not only

did Defendant Bobbitt take no reasonable action within Bobbitt’s means to stop the

beating, but also, Defendant McKenzie knew based on past unconstitutional beatings

of inmates known by Defendant Bobbitt, that Defendant Bobbitt would do nothing

about the unconstitutional beating of Mr. Dean.

At all times relevant to this action, Defendant Bobbitt was employed by the

Georgia Department of Corrections (“GDC”) at Macon State Prison and had

requisite supervisory authority to stop the beating of Mr. Dean and to take action

against those who unconstitutionally beat Mr. Dean and other inmates, yet, failed to

do so. Defendant Bobbitt failed to take reasonable steps to protect Mr. Dean from

cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T.

Officers who Defendant Bobbitt had the authority to stop from beating Mr. Dean.


Defendant Bobbitt conspired with other Defendant C.E.R.T. Officers to take Mr.

Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T.

Officers could beat Mr. Dean while he was handcuffed. Defendant Bobbitt incited,

directed, and ratified the unconstitutional beating. Consequently, Defendant

Bobbitt is being sued in his individual capacity and may be served at 2250 GA

HWY 26 W. Buena Vista, GA 31803.

71.

Defendant Blakely proximately caused Mr. Dean’s severe physical and




conduct before Mr. Dean was injured, Defendant Blakely ratified the very conduct

that caused Mr. Dean’s severe physical and emotional injuries; thus there exist

a causal connection between Defendant Blakely’s conduct and Mr. Dean’s serious

injuries. Defendant Blakely’s culpability (deliberate indifference) is evidenced, inter

alia, by Defendant McKenzie’s testimony in a plea agreement that he informed

Defendant Blakely that Mr. Dean was being unconstitutionally beaten and not only

did Defendant Blakely take no reasonable action within Blakely’s means to stop the

beating, but also, Defendant McKenzie knew based on past unconstitutional beatings

of inmates known by Defendant Blakely, that Defendant Blakely would do nothing

about the unconstitutional beating of Mr. Dean.


At all times relevant to this action, Defendant Blakely was employed by the




do so. Defendant Blakely failed to take reasonable steps to protect Mr. Dean from

cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T.

Officers who Defendant Blakely had the authority to stop from beating Mr. Dean.

Defendant Blakely conspired with other Defendant C.E.R.T. Officers to take Mr.

Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T.

Officers could beat Mr. Dean while he was handcuffed. Defendant Blakely

incited, directed, and ratified the unconstitutional beating. Consequently,

Defendant Blakely is being sued in his individual capacity and may be served at

2250 GA HWY 26 W. Buena Vista, GA 31803.

72.

Defendant McKenzie proximately caused Mr. Dean’s severe physical and

emotional injuries by encouraging and ratifying Defendants’ conduct handcuffing



conduct before Mr. Dean was injured, Defendant McKenzie ratified the very conduct

that caused Mr. Dean’s severe physical and emotional injuries; thus there exist

a causal connection between Defendant McKenzie’s conduct and Mr. Dean’s serious

injuries. Defendant McKenzie’s culpability (deliberate indifference) is evidenced,


inter alia, by Defendant McKenzie’s testimony in a plea agreement that he saw

Defendant CERT Officers take Mr. Dean to the subject gymnasium, then, entered the

gym, saw Mr. Dean’s hands cuffed behind his back, approached Mr. Dean, swiped

his finger across Mr. Dean’s face, then, permitted Mr. Dean to be beaten by

Defendant CERT Officers.

Defendant McKenzie was at all times relevant to this action employed by the




do so. Defendant McKenzie admits that (1) he was present when Defendant C.E.R.T.

Officers beat Mr. Dean and that (2) he permitted Defendant C.E.R.T. Officers to beat

Mr. Dean-while Mr. Dean was handcuffed. Defendant McKenzie failed to take

reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive

force) inflicted by Defendant C.E.R.T. Officers who McKenzie had the supervisory

authority to stop. McKenzie conspired with other Defendant C.E.R.T. Officers to


Officers could beat Mr. Dean while he was handcuffed. McKenzie incited, directed,

and ratified the unconstitutional beating. Consequently, Defendant McKenzie is

being sued in his individual capacity and may be served at 2250 GA HWY 26 W.

Buena Vista, GA 31803.


73.

Because Defendants Hall, Hinton, and Davis, Bobbitt, Blakely, and McKenzie

acting in their supervisory capacity, proximately caused Mr. Dean’s serious injuries,

Mr. Dean is entitled to all permissible damages, including punitive damages.

Punitive damages are essential to deter future Eighth Amendment violations by

Defendant Davis and Hinton, since both Defendants still work at Macon State

Prison.

COUNT III

CIVIL CONSPIRACY

(Against Defendants Hall, Douglass, Redden, Lach, Bolden, Rushin, and Wimbush)

To state a plausible claim for civil conspiracy under 42 U.S.C. § 1983, a

plaintiff must plead sufficient facts to reasonably infer that the Defendants reached

an understanding to violate the plaintiff’s constitutional rights; the conspiratorial act

must also “impinge” upon the plaintiff’s constitutional right. See Grider v. City of

Auburn, Ala., 618 F 3d 1240, 1260 (11th Cir. 2010). Significantly, Plaintiffs can

prove civil conspiracy with circumstantial evidence. Id. The assertive acts of all

Defendants named in this Count demonstrate that Defendants conspired to violate

Mr. Dean’s clearly established constitutional right to be free from cruel and unusual

punishment in the form of, inter alia, being beaten while handcuffed and

non-resisting.


74.

Mr. Dean re-alleges in this Count, as if fully stated verbatim, all factual allegations

set forth in ¶¶ 4-10, 17-19, 27, 28, 42-57, and any other paragraph that this Court

deems applicable.

75.

Defendant C.E.R.T. Officers conspired to violate Mr. Dean’s

Eighth-Amendment constitutional right to be free from cruel and unusual

punishment. This assertion is evidenced by the fact that Defendant C.E.R.T. Officers

intentionally took Mr. Dean to an area where Defendant C.E.R.T. Officers knew no

surveillance video was present and Defendant C.E.R.T. Officers intentionally

violated applicable SOP by not recording their conduct with Mr. Dean. Also,

conspiracy can be inferred by the false statements Defendant C.E.R.T. Officers made

while under government investigation- to hide the fact that they beat Mr. Dean while

he was handcuffed and not resisting. Furthermore, many Defendant C.E.R.T.

Officers such as Defendant Hall and Defendant Douglass have stated that everyone

knew (high up officials at Macon State Prison) that the gym was used to beat

prisoners and that it was accepted practice to take inmates to the gym to “calm them

down.” So when Defendant C.E.R.T. Officers walked Mr. Dean to the gym, this

Court (and a jury) could reasonably infer that Defendant C.E.R.T. Officers had

reached an understanding that they were going to take Mr. Dean to the gym to


violate Mr. Dean’s constitutional rights by sadistically and maliciously beating him

as he laid on the ground handcuffed, defenseless, and non-resisting.

Mr. Dean now prays that this Court do the following:

1. Assume jurisdiction over this action;

2. Declare that the acts and omissions described in this Complaint

violated Mr. Dean’s clearly-established rights under the U.S.

Constitution and laws of the United States;

3. Permit a jury of at least six (6) to decide all issues of fact that this

Court does not decide as a matter of law;

4. Enter judgment in favor of Mr. Dean- for all permissible damages

under law, including compensatory and punitive damages- against each

defendant jointly and severally;

5. Award Mr. Dean all permissible costs under law regarding this

lawsuit, including reasonable attorney fees and expenses pursuant to 42

U.S.C. § 1988(b) & (c); and

6. Order any additional relief that this Court deems appropriate.


Respectfully submitted this 14th day of December 2012,

s/MARIO WILLIAMS

Mario Williams

GA Bar No. 234254

WILLIAMS OINONEN, LLC

The Historic Grant Building

44 Broad Street, NW

Suite 200

Atlanta, GA 30303

Tel: 404-654-0288

Fax: 404-592-6225

[email protected]


mailto:[email protected]

CERTIFICATE OF SERVICE

I certify that this day I electronically filed Plaintiff’s Amended Complaint using

the CM/ECF system, which will notify the following attorneys of record:

Eve A. Appelbaum

Paul A. Henfeld

Appelbaum & Associates, P.C.

550 Pharr Road, Suite 525

Atlanta, GA 30305

George W. Weaver, Esq.

Jeffrey A. Shaw, Esq.

Hollberg & Weaver, LLP

2921 Piedmont Road, NE, Suite C

Atlanta, Georgia 30305

Vincent A. Toreno, Esq.

D. Michael Williams, Esq.

Rutherford & Christie, LLP

South Tower, Suite 1750

225 Peachtree Street


Devon Orlando, Esq.

Tina M. Piper, Esq.

Office of Attorney General

40 Capital Square


Stacy Seidel, Esq.

Gary Seacrest, Esq.

Karsten Bicknese, Esq.

Seacrest, Karesh, Tate, and Bicknese

56 Perimeter Center East, Suite 450



Adam L. Appel, Esq.

Marquetta J. Bryan, Esq.

Carlock, Copeland, & Stair, LLP

191 Peachtree Street, Suite #3600


Annarita M. Busbee, Esq.

Derrick L. Bingham, Esq.

Owen, Gleaton, Egan, Jones & Sweeney, L.L.P.

1180 Peachtree Street, NE, Suite# 3000


Respectfully submitted this 14th day of December 2012,

s/ MARIO WILLIAMS

Mario Williams, Esq.

GA Bar No. 235254

WILLIAMS OINONEN LLC

The Grant Building, Suite 200

44 Broad Street N.W.


Phone: (404) 654.0288

Fax: (404) 592.6225

[email protected]

Counsel for Mr. Dean


mailto:[email protected]

Terrance Dean Civil Rights Prison Abuse Case

Documents

Transcript of Terrance Dean Civil Rights Prison Abuse Case