Hewes v. Magnusson.U.S. District Court PRISONER ON PRISONER ASSAULT Hewes v. Magnusson, 350 F.Supp.2d 222 (D.Me. 2004). A state inmate INMATE. One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B 85; 1 B. & Cr. 578; 8 E. C. L. R. 153; 2 Dowl. & Ry. 743; 8 B. & Cr. 71; 15 E. C. L. R. 154; 2 Man. & Ry. 227; 9 B. & Cr. brought an action asserting that prison officials violated vi·o·late tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates 1. To break or disregard (a law or promise, for example). 2. To assault (a person) sexually. 3. his rights. The district court granted summary judgment in favor of the officials. The court found that the officials' failure to protect the inmate from an assault by another prisoner did not demonstrate deliberate indifference to the inmate's safety, even though the officials were aware of the inmate's past confrontations with the other prisoner and that they were currently housed in the same unit. The court noted that the inmate did not tell the officials that other inmates had told him that the prisoner was making statements about him. The court held that the inmate's placement in administrative segregation administrative segregation n. Solitary confinement. after he allegedly took part in a demonstration challenging a prison policy did not impose an atypical atypical /atyp·i·cal/ (-i-k'l) irregular; not conformable to the type; in microbiology, applied specifically to strains of unusual type. a·typ·i·cal adj. and significant hardship, even though the inmate did lose the possibility of earning good time credits. The court noted that no credits were taken away and he continued to receive legal materials during segregation. The court found that the officials had a legitimate safety reason for placing the inmate in administrative segregation, where the inmate refused to tell officials the identity of the person who had attacked him. The court held that the prison's library schedule did not deprive de·prive v. 1. To take something from someone or something. 2. To keep from possessing or enjoying something. the inmate of his right of access to courts, even if the inmate's laundry duties and hygiene needs limited his access to four and one-half hours per week, and the inmate had once been denied additional library time. Inmates were allowed to use the law library five days per week during their three-hour recreation period, the inmate was permitted to take books back to his cell, and the single denial of additional time had no material impact on the disposition of the inmate's case, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the court. The inmate had designated as "expert witnesses" a number of fellow prisoners who would have testified about prison policies and procedures Policies and Procedures are a set of documents that describe an organization's policies for operation and the procedures necessary to fulfill the policies. They are often initiated because of some external requirement, such as environmental compliance or other governmental and would offer their opinions regarding the constitutionality of certain prison policies and procedures. (Maine State Prison) |
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