Facts

Plaintiff Charles Davis, 50, sued Correctional Officers Kissinger, Baker, Peery, Qualls, and Sergeants Money and Ingwerson, along with various high-ranking officers at High Desert State Prison in Susanville.

PLAINTIFF'S CONTENTIONS:
Plaintiff, an inmate at High Desert State Prison, accused Officer Kissinger of improperly targeting African-American inmates and deliberately provoking them by performing shake-ups, using racial slurs, and others. Plaintiff claimed that the officer also withheld and/or contaminated their food.

Plaintiff also alleged that two days after he filed an appeal, Officer Kissinger threatened to write him up and falsely claimed that he had assaulted him. Sergeant Peery then refused to take plaintiff's appeal and ordered him handcuffed. Plaintiff claimed the handcuffs were placed too tightly, injuring his wrist. All this occurred while the other defendants just stood idly by, taking no action. Then, plaintiff was taken out of his unit for an interview, where Kissinger proceeded to assault him. During the escort, plaintiff told the officers that he suffered from back issues and that Kissinger was a Ku Klux Klansman. In response, the officers pulled on his handcuffs, causing him to suffer from back spasms. Plaintiff later sued the officers involved, alleging that their acts constituted intimidation based on race as well as excessive force. Plaintiff asserted claims for violations of his constitutional rights under the Eighth and Fourteenth Amendments. He also accused defendants of being deliberately indifferent to his medical needs, which were serious, by denying his medication for pain and high blood pressure and refusing to have him examined by medical personnel. Plaintiff also asserted claims for violations of California laws for racial intimidation under Civil Code Section 43 and the Bane and Ralph Acts.

DEFENDANTS' CONTENTIONS:
Defendants disputed plaintiff's claims and contended that they were in compliance with all laws at all times. Defendants also claimed that plaintiff was provided with medical care he needed. Further, defendants argued that plaintiff's tort claim should be dismissed for being untimely. Defendants also disputed the extent of plaintiff's claimed injuries, contending that they existed prior to the alleged incident and were inconsistent with the alleged use of excessive force.

Injuries

Davis claimed he sustained a sprain in his left wrist. He also claimed his lower back issues were aggravated in the alleged assault.

Result

Defendants Runnels and Norlin were let out earlier in the proceedings. Next, the court granted a Rule 60 motion in favor of defendant Ingwerson. Then, the jury ultimately returned a defense verdict.

Other Information

FILING DATE: May 3, 2004.