by Brian A. Wilkins
12/23/2009 (links updated November 6, 2018)
A federal judge ordered Maricopa County and Sheriff Joe Arpaio to answer several claims in my pro-se federal lawsuit.
U.S. Magistrate Judge Lawrence O. Anderson denied the defendants’ motions to dismiss the case on Tuesday, while also dismissing some of the Plaintiff’s (my) claims. READ THE ENTIRE ORDER IN PDF FORMAT HERE.
The judge ordered that the Plaintiff’s claims of conspiracy and Eighth Amendment cruel and unusual punishment dismissed. However, the court ordered Maricopa County to answer the Plaintiff’s Fourteenth Amendment “procedural due process” claims, as pre-trial, non-convicted inmates cannot be subject to “punitive punishments” during their incarceration. As many of you know, I was incarcerated in the Maricopa County Jail from 58 days.
Maricopa County must file an answer to claims that the Plaintiff was “forced several times to stand in small holding cells with upwards of 60 coughing, bleeding inmates who could not move because of crowding”; that the Plaintiff was forced to eat rotten, moldy food and drink dirty water that comes from a toilet; that Plaintiff was denied his blood pressure medication and a splint for his broken hand; and that Plaintiff was forced to strip naked several times and has his genitals fondled by a male detention officer during a strip search. The Court also granted discovery so the Plaintiff may find out the true identity of the detention officer, who is referred to as a “Doe” defendant in the amended complaint.
The lawsuit seeks declaratory and injunctive relief, and an unspecified amount of nominal and punitive damages.
Meanwhile, the Arizona Court of Appeals and Arizona Supreme Court are reviewing separate petitions for review of the criminal charges levied against me. The federal lawsuit against the Tempe Police and City of Tempe are still pending and there’s been no activity in said case since September.