United States District Court, D. Massachusetts
MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR
RICHARD G. STEARNS, UNITED STATES DISTRICT JUDGE
pro se, plaintiff Corey Henry brings this action,
pursuant to 42 U.S.C. § 1983, against the Sheriff of
Bristol County, three prison administrators, and seven
correctional officers. Henry alleges that, while he was a
pre-trial detainee in the admissions area of the Ash Street
Jail, defendants assaulted him and fractured his toe
(“used excessive force”) in reaction to a report
that he was “attempting to hang himself by preparing a
noose.” Am. Compl. ¶ 13. Henry complains that
defendants then “took away his aircast” and
“denied him a handicap shower” in deliberate
indifference to his serious medical needs. Id.
¶¶ 16-17. On January 12, 2018, the court
(O'Toole, J.) dismissed all counts against Sheriff Thomas
Hodgson, Superintendent Steven Souza, Assistant
Superintendent James Lancaster and the excessive force claim
against Assistant Deputy Superintendent Joseph Oliver, III.
See Dkt #58. The case was reassigned to this session (Judge
Richard G. Stearns) on January 23, 2018. The remaining
defendants, Corrections Officers Edward Bouley, David
Brizida, Eric Cousens, Jared Gosselin, Russell Lizotte, Paul
Souza, and Douglas Znoj have moved for summary judgment on
the two claims against them. Corey Henry has filed no
filed the following uncontroverted facts as part of their
summary judgment motion.
Plaintiff is an inmate presently incarcerated at MCI Souza
Baranowski Correctional Center in Shirley, Massachusetts.
March 30, 2014, the New Bedford Police were in pursuit of the
Plaintiffs vehicle following reports of two armed robberies
in New Bedford committed by several men, one identified as
the Plaintiff Cory Henry. (Exhibit 1-New Bedford Police
During the chase the Plaintiff attempted to evade police by
travelling up to 80 MPH until he crashed into a light post,
continued on and stopped only when it crashed into a cement
pylon. (Exhibit 1).
After the car stopped, the Plaintiff began running and jumped
through hedges jumping down a five foot wall. (Exhibit 2).
the time of booking the Plaintiff a Q5 check indicated a
suicide attempt in 2012. (Exhibit 3 - Police Suicide Check
Plaintiff, however, denied he was suicidal during the
booking. (Exhibit 4 - Suicide Evaluation Form).
During his booking at the New Bedford Police Station, the
Plaintiff alleged that he was injured in the car crash and
police summonsed EMTS who transported him to St. Luke's
Hospital. (Exhibit 5).
St. Luke's Hospital the Plaintiff complained of back,
neck, pelvis and chest pain. (Exhibit 6 - St. Luke's
was medically cleared for incarceration by the hospital with
minor injuries and told to expect to be “sore, worse
tomorrow.” (Exhibit 6).
1:30 p.m. the New Bedford Police transported the Plaintiff to
the Bristol County Regional Lock-Up facility in New Bedford.
During his booking with the Defendant at the Regional LockUp,
the Plaintiff likewise denied any suicidal ideation. (Exhibit
7 - suicide screen).
approximately 3:00 p.m. the Plaintiff fashioned his hospital
Johnny (in which he had been given at St. Luke's
Hospital) into a noose and was observed looking for a place