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Bojorquez v. Fritz

September 8, 2008

ROMON BOJORQUEZ, PLAINTIFF,
v.
CORRECTIONAL OFFICERS FRITZ AND ALLEN, DEFENDANTS.



The opinion of the court was delivered by: Harold A. Baker United States District Judge

SUMMARY JUDGMENT ORDER

This cause is before the court for consideration of the defendants motion for summary judgment. [d/e 20].

I. BACKGROUND

On February 2, 2007, the court conducted a merit review of the plaintiff's complaint and found that the plaintiff had alleged that Defendants Officer Fritz and Lieutenant Allen violated the Eighth Amendment when they failed to protect the plaintiff from an attack by another inmate.

II. FACTS

In September of 2005, the plaintiff was housed at Logan Correctional Center with Inmate Erasmo Barrera. On September 21, 2005, a disciplinary ticket was written accusing the plaintiff of assaulting another person and damaging property.

The disciplinary report indicates that the officer spoke with both the plaintiff and his cell mate as well as two confidential sources. All stated that the plaintiff and his cell mate had been arguing for about two weeks over Inmate Barrera making too much noise in the morning.

On September 20, 2005, the two inmate were arguing again shortly before six in the morning. As the argument progressed, Inmate Barrera picked up a pencil and stabbed the plaintiff in the rib area. The plaintiff then picked up an extension cord and began whipping Inmate Barrera with it. Inmate Barrera ran out of the cell, but the plaintiff followed him and continued to hit him with the cord. Inmate Barrera stabbed the plaintiff in the left check area of his face and his right palm. A fan was broken during the assault. The report states that both inmates admitted to assaulting each other.

On September 23, 2005, an Adjustment Committee hearing was held on the disciplinary ticket. The evidence was repeated, and the plaintiff was found guilty of both charges. He lost one year of good time credits as a result.

The plaintiff wrote a grievance. On December 14, 2003, the Administrative Review Board considered the grievance. The plaintiff told the committee through an interpreter that he had warned officers that he and his cell mate were not getting along two weeks before the attack. The plaintiff also says he told officers that Inmate Barrera had threatened to stab him when he was asleep. The defendants still took no action.

The Administrative Review Board ruled that the plaintiff was entitled to another hearing before the Adjustment Committee with a Spanish interpreter to assist him. The second hearing was held on March 2, 2006. The plaintiff told the committee he had warned officers about the problems with his cell mate. The plaintiff said on September 20, 2005, he did not go to breakfast and was asleep in the cell. The plaintiff claimed:

he was asleep when Barrera stabbed him in the leg and then ran. He woke up, saw that he had been stabbed, grabbed an extension cord, and ran after him hitting him with the extension cord. (Def. Memo, Ex. 1D)

The plaintiff further stated that the whole incident could have been avoided if officers had paid attention to his earlier complaints. The plaintiff was still found guilty and lot six months of good time credits. The plaintiff again filed a ...


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