Orwat v. Maloney.U.S. District Court
OFFICER ON PRISONER ASSAULT
Orwat v. Maloney, 360 F.Supp.2d 146 (D.Mass. 2005). An 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 a [section] 1983 action against correctional officers and officials and a state corrections department, alleging violations of the First, Eighth and Fourteenth Amendments Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1
Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens 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 intervene v. to obtain the court's permission to enter into a lawsuit which has already started between other parties and to file a complaint stating the basis for a claim in the existing lawsuit. 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 ma·li·cious
Having the nature of or resulting from malice; deliberately harmful; spiteful: malicious gossip.
ma·li 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 Massachusetts (măsəch`sĭts), most populous of the New England states of the NE United States. )