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Gomez v. Officer Christopher Burgess et al (20-CV-80658-RS) Posted 08/28/2020

Plaintiff is a pro se prisoner currently incarcerated at the Martin Correctional Institution. Plaintiff brings this § 1983 action against Christopher Burgess, a correctional officer assigned to South Bay Correctional Institution. Plaintiff alleges that on [or about] April 13, 2019 Burgess actions against him amounted to excessive force, assault and battery, and sexual battery.

The complaint has been screened and the 8th Amendment claims against Burgess for excessive use of force is proceedings. The state tort claimed for battery and sexual battery are also proceeding.

These are the facts alleged in the complaint:
The day of the incident, Burgess, and other officers entered Plaintiffs cell without placing handcuffs on him and without any authorization from the shift supervisor. According to Plaintiff, Defendant Burgess slapped him repeatedly in his face and [ran] his face against the wall causing his face to swell and destroying his glasses. Plaintiff claims he tried to cover himself but Burgess smashed his face and head against the wall causing [him] to cry in pain. As the officers left his cell, Plaintiff attempted to close the cell door, but Burgess pushed Plaintiff back, re-entered the cell, and began attacking him again by slapping him in the face. Burgess then started ripping Plaintiff[s] . . . clothes off and stuck his hands into Plaintiff[s] rectum calling [him] foul names. Burgess, eventually, exited the cell with Plaintiffs ripped clothes in his hands. Plaintiff filed a grievance and an investigation commenced. Plaintiff claims that Burgess was no longer permitted to work around him. Plaintiff claims he suffered head trauma, contusions and bruising of his face and ribs, a swollen face and head, psychological trauma and mental anguish including depression, panic attacks, and nightmares of the assault, humiliation, and emotional trauma.

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