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Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And Excessive Force Denied

Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And
Excessive Force Denied

Texas state prisoner David Trevino filed a Federal civil rights petition
against numerous Texas prison officials for allegedly engaging in
harassment, retaliation, excessive use of force, and providing an unsafe
environment when he was confined in administrative segregation. Trevino had
characterized the filing of disciplinary actions against him by prison
officials as retaliation for filing grievances. He further alleged that
relatives of a prison Captain placed feces in his food and that an
extraction team used excessive force against him when he refused to move to
a demotion housing unit.

The Magistrate Judge held in his Memorandum Opinion and Order of Dismissal
that Trevino's claims failed to support deliberate indifference for
harassment, that he failed to show he was harmed, or that there were any
facts linking any prison officials to acts of retaliation but were instead
based upon conclusory allegations. The abrasion on Trevino's forehead
caused by his cell extraction was de minimus and did not rise to the level
of excessive force. Trevino's punishment for disciplinary action was not
significant enough to trigger constitutional protection.

The court also held Trevino did not have a basis for a potential
meritorious civil rights lawsuit based on deprivation of a single meal
allegedly containing feces. Trevino claimed that guards placed feces in his
food. The court likened guards placing feces in the food of prisoners to
cooks accidentally allowing a pebble to go into beans or such. The Court
ruled that the facts as alleged by Trevino failed to state a claim upon
which relief may be granted and were frivolous in that they lacked any
basis in law and fact. The complaint was dismissed with prejudice. See:
Trevino v. Johnson, Case No. Civ. A. 905CV171 (USDC E.D. TX, December 8,
2005) (2005 WL 3360252).

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Related legal case

Trevino v. Johnson