Orwat v. Maloney.

U.S. District Court

OFFICER ON PRISONER ASSAULT

Orwat v. Maloney, 360 F.Supp.2d 146 (D.Mass. 2005). An inmate brought a [section] 1983 action against correctional officers and officials and a state corrections department, alleging violations of the First, Eighth and Fourteenth Amendments and various state laws. The district court granted summary judgment for the defendants in part, and denied it in part. The court held that an officer was not liable for violating the Eighth Amendment by failing to intervene to protect an inmate from an attack by another officer, where the officer had no reasonable opportunity to prevent the other officer's initial blow to the inmate, and thereafter attempted to intervene. The court found that summary judgment was precluded by genuine issues of material fact as to whether a correctional officer struck the inmate, not to restore or maintain discipline, but maliciously and sadistically to cause harm to him, and whether the officer used more force than was necessary. The officer had hit the inmate in the face and broken his jaw. (MCI-Cedar Junction, Massachusetts)