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Henry v. Hodoson

United States District Court, D. Massachusetts

November 19, 2018

COREY HENRY,
v.
THOMAS HODOSON, et al.

          MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

          RICHARD G. STEARNS, UNITED STATES DISTRICT JUDGE

         Proceeding 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 Opposition.

         BACKGROUND

         Defendants filed the following uncontroverted facts as part of their summary judgment motion.[1]

         1. The Plaintiff is an inmate presently incarcerated at MCI Souza Baranowski Correctional Center in Shirley, Massachusetts.

         2. On 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 Reports).

         3. 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).

         4. After the car stopped, the Plaintiff began running and jumped through hedges jumping down a five foot wall. (Exhibit 2).

         5. At the time of booking the Plaintiff a Q5 check indicated a suicide attempt in 2012. (Exhibit 3 - Police Suicide Check Q5).

         6. The Plaintiff, however, denied he was suicidal during the booking. (Exhibit 4 - Suicide Evaluation Form).

         7. 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).

         8. At St. Luke's Hospital the Plaintiff complained of back, neck, pelvis and chest pain. (Exhibit 6 - St. Luke's Hospital 03-30-14).

         9. He was medically cleared for incarceration by the hospital with minor injuries and told to expect to be “sore, worse tomorrow.” (Exhibit 6).

         10. At 1:30 p.m. the New Bedford Police transported the Plaintiff to the Bristol County Regional Lock-Up facility in New Bedford.

         11. During his booking with the Defendant at the Regional LockUp, the Plaintiff likewise denied any suicidal ideation. (Exhibit 7 - suicide screen).

         12. At 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 to ...


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