On the evening of September 17, 2004, about ten days after he had engaged in the misconduct of throwing food through the slot in the door of his SBCC Special Management Unit cell, two guards escorted Bargoot to a shower cubicle where, according to the complaint for damages he filed in 2008, he remained for approximately ten hours and endured the hellish, overnight events described above. Guard Braddix in particular was alleged to have assaulted Bargoot by shovel-ing human waste into the shower stall and onto Bargoot’s body and clothing.
This was not the first time that Massachusetts prison officials were accused of using human waste as an instrument of (unauthorized) punishment. In 2000, prisoners at the Massachusetts Correctional Institution – Cedar Junction filed a § 1983 lawsuit alleging that MCI-CJ officials had forced them, during events in 1999, to wallow in human excrement and several inches of toilet water for a period of several weeks. The outcome of that lawsuit, filed by Boston attorney Phillip Kassel, is not known.
Bargoot was represented in the SBCC litigation by Massachussetts Correctional Legal Services attorney Bonnie Tenneriello. See: Settlement Agreement, Bargoot v. Russo, USDC Civil Action 07-10505, 1/30/09; Ashman v. Marshall Complaint for Damages, 12/19/00. The documents are on PLN’s website.
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Bargoot v. Russo
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