Facts

Plaintiff Benjamin Ellis, who was a wheelchair-bound paraplegic and prisoner at High Desert Prison, filed a civil rights action against Correctional Officer Albonico, Medical Technical Assistant Bates, Sergeant Coe, and Correctional Officer Weaver. The complaint alleged that defendants used excessive force and subjected him to cruel and unusual punishment, on April 14, 2003.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Albonico approached him outside the medical clinic and assaulted and punched him without cause after plaintiff informed Albonico that he was waiting to receive treatment. Plaintiff claimed that Albonico shoved his hand into plaintiff's mouth and pushed plaintiff out of his wheelchair. Plaintiff further argued that Bates jumped on his abdominal and chest areas, while Coe and Weaver exercised excessive force by yanking and pulling his arms while putting him in handcuffs. Plaintiff also claimed that Coe and Weaver dragged him into the holding cell in the medical clinic and dropped him face first onto the floor. Plaintiff claimed that he sustained abrasions to his face, lacerated gumline, swollen lower lip, a black eye, and a permanent injury to his right shoulder.

DEFENDANT'S CONTENTIONS:
Defendants denied they used excessive force and argued that the force they used was reasonable. Albonico contended he did not know plaintiff was a paraplegic and asserted that plaintiff approached him outside the medical clinic, stopped within six inches from where Albonico was standing, and refused to back away from Albonico despite orders to do so. Albonico contended that plaintiff struck him when he attempted to apply handcuffs and that the wheelchair fell backwards during the scuffle. Albonico further contended that, while on the ground, plaintiff continued to resist and bit Albonico's left hand. Albonico admitted to striking plaintiff in the facial area but claimed he did so to release plaintiff's bite. Bates contended that he attempted to restrain plaintiff by placing his body over plaintiff's chest. Coe and Weaver contended that they rolled plaintiff onto his stomach and applied handcuffs with minimal force. They admitted carrying plaintiff into the holding cell in the medical clinic, but denied dropping him. Defendants contended that plaintiff's facial injuries were the result of Albonico defending himself and that plaintiff's right shoulder pain was caused by a pre-existing injury.

Injuries

Plaintiff sustained abrasions, a bruised face, facial injuries, lacerations, a lip injury, a shoulder injury, and a thumb injury.

Result

The jury found in favor of the defense.

Deliberation

2.5 hours

Length

four days