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ADX Prisoner Wins Settlement for Injuries Incurred in Unlit Cell
Bob Allen Custard, currently an ADX Florence prisoner, has won a $7500 settlement from three Georgia federal correctional personnel for their breach of their duty to maintain a safe environment in Custard’s cell in the Atlanta Metropolitan Correctional Center (MCC) in 1996. Fluorescent bulbs in Custard’s cell fell from the light fixture and
shattered on the concrete floor.
Three named defendants, all prison guards at the facility, failed to follow prison and Bureau of Prisons (BOP) procedure to make sure the glass was removed and the cell made safe for habitation. The cell was dark the majority of the day as result of this failure, Custard had alleged that he suffered injuries as a result of not being able to move safely around his cell.
The defendants had moved to dismiss, seeking a finding of qualified immunity for their actions, but the court denied this motion, citing Chandler v. Baird, 926 F. 2d 1057, which quoted Estelle v. Gamble, 429 U.S. 97 (1976), one of the principle prisoner 8th Amendment cases regarding the right to be free from “cruel and unusual punishment.”
The U.S. Court of Appeals for the Eleventh Circuit ordered a R. 36-1 affirmance without opinion of the district court opinion, on docket 03-15514 (2005). See: Custard v. Robinso, U.S.D.C. (N.D. Ga.), Case No. 1:99-cv-03285-CAM, and U.S.D.C. (N.D. Ga), Case No. 1:97-cv-01090-CAM.
shattered on the concrete floor.
Three named defendants, all prison guards at the facility, failed to follow prison and Bureau of Prisons (BOP) procedure to make sure the glass was removed and the cell made safe for habitation. The cell was dark the majority of the day as result of this failure, Custard had alleged that he suffered injuries as a result of not being able to move safely around his cell.
The defendants had moved to dismiss, seeking a finding of qualified immunity for their actions, but the court denied this motion, citing Chandler v. Baird, 926 F. 2d 1057, which quoted Estelle v. Gamble, 429 U.S. 97 (1976), one of the principle prisoner 8th Amendment cases regarding the right to be free from “cruel and unusual punishment.”
The U.S. Court of Appeals for the Eleventh Circuit ordered a R. 36-1 affirmance without opinion of the district court opinion, on docket 03-15514 (2005). See: Custard v. Robinso, U.S.D.C. (N.D. Ga.), Case No. 1:99-cv-03285-CAM, and U.S.D.C. (N.D. Ga), Case No. 1:97-cv-01090-CAM.
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Related legal cases
Custard v. Robinson
| Year | 1999 |
|---|---|
| Cite | U.S.D.C. (N.D. Ga.), Case No. 1:99-cv-03285-CAM |
| Level | District Court |
Custard v. Robinson
| Year | 1997 |
|---|---|
| Cite | U.S.D.C. (N.D. Ga), Case No. 1:97-cv-01090-CAM |
| Level | District Court |