Case Study Of Troy Barnes

Plaintiff, Troy Barnes, raises claims stemming from his incarceration at the
Western Correctional Institution (“WCI”); however, he has since been transferred from the institution. Mr. Barnes alleges that correctional officers pepper sprayed him, physically assaulted him and engaged in name calling. Additionally, he contends that he made WCI staff aware that he was afraid of his cellmate and feared being made to return to a cell with his cellmate. However, correctional staff required him to return to the cell with the cellmate and he was subsequently assaulted. He seeks injunctive relief, compensatory damages against each defendant, jointly and severally in the amount of eighty five thousand dollars ($85,000.00), punitive damages, attorney’s

Barnes, and observed Mr. Barnes standing by the cell door with a razor in his hand. Exhibit #5, Declaration of Correctional Officer II Nicholas Hetz, at ¶4; Exhibit 6, Department of Public Safety and Correctional Services, Intelligence & Investigative Division CIR Report #15-35-00362, at p. __. Officer Hetz avers that he ordered Mr. Barnes to drop the razor to which he replied that he was going to kill himself and placed the razor in his left hand to hold it to his right wrist. Id. After calling via radio for assistance, Officer Hetz opened the pass through slot and provided a second order for Mr. Barnes to drop the razor and come to the door. Id. He refused again and Officer Hetz then applied a short burst of pepper spray to his facial area. Id. After which, Mr. Barnes immediately dropped the razor and came to the cell door to be handcuffed. Id. Officer Hetz handcuffed Mr. Barnes and ordered Mr. Jackson to come to the door to also be handcuffed. Id. Correctional Officer II Brett Wilburn arrived to assist Officer Hetz in escorting the inmates to medical without further incident. Id.; Exhibit 7, Declaration of Correctional Officer II Brett Wilburn, at ¶4. The Use of Force Report states that Officer Hetz escorted Mr. Barnes to Door #419, a holding area, to await the arrival of medical staff. Exhibit 5, at ¶5;

Barnes received a follow up from the psychology department regarding his anxiety. Id. at p. __. After being assessed, a referral to the psychiatrist for a second opinion and possible medication was determined to be warranted. Id. Mr. Barnes was discharged from the SOH and Observation Status. Id. Correctional Officer II Steven Wilson avers that to the best of his personal recollection he does not recall Mr. Barnes stating to him, on February 25, 2015, that he was in fear of Mr. Jackson or that he did not want to return to his cell. Exhibit 9, Declaration of Correctional Officer II Steven Wilson, at ¶2. Officer Wilson also avers that if Mr. Barnes had told him that he was in fear for his safety he would have informed the Officer in Charge or the Housing Unit Lieutenant.