Plaintiff presents multiple claims against numerous defendants employed at Okeechobee Correctional Institution arising from events which occurred while a prisoner confined at the facility. He sues two correctional officers, Eschevarria and Rogers, for the unlawful use of force committed against Plaintiff where Eschevarria slammed Plaintiff into the pavement, and as Plaintiff was handcuffed, forced his knee into Plaintiff’s right hand and wrist causing an injury, and continued the assault by spraying chemicals in Plaintiff’s face and ear, and where Rogers repeatedly kicked Plaintiff in the face and ear until Plaintiff bled. Plaintiff’s injuries remained untreated by a medical professional for at least two days. Plaintiff also asserts deliberate indifference to a serious medical need against Eschevarria and Rogers who left him bleeding and in pain, with a fractured hand and needing medical treatment but delayed in reporting a medical emergency to the appropriate medical staff. Plaintiff also asserts a deliberate indifference to a serious medical need against Nurse Riveria who ignored obvious injuries and pain and reported that Plaintiff was “fine.” Finally, Plaintiff sues Riveria and Warden Severson for failure to intervene. Riveria thoroughly examined Plaintiff following the attack but instead reported there were no injuries and endeavored to “cover up” the attack. Plaintiff notified Warden Severson as to subsequent retaliations who has failed to intervene despite being subjectively conscious of the risk to Plaintiff. The requests for an injunction against Eschevarria and Rogers to halt against future attacks and retaliation will proceed as well as the claims for punitive damages against Eschevarria, Rogers, Severson, and Riveria in their individual capacities.
Status of the Case: Severson and Rogers were served and submitted their answer and defenses. Service remains outstanding on Eschevarria and Riveria. The case is currently in pre-discovery status.
If interested in representing the individual Plaintiff in this matter, please email FLSD_ProBono@flsd.uscourts.gov