Friday, November 07, 2008

Federal prisoner claims prison employee assaulted him during meal

Federal prisoner claims prison employee assaulted him during meal

10/27/2008 9:30 AM
By Kelly Holleran -Kanawha Bureau

CLARKSBURG - A Gilmer County suit in which a prisoner has claimed abuse by a prison employee has been moved to federal court.

Gregory Davis, an inmate at Federal Correctional Institution in Gilmer, claims Eric Feltz, an employee of the prison, assaulted him during his noon meal on June 12.

Davis was wearing a glove on his right hand after he sought medical treatment for an injury to his right arm, according to the complaint filed Aug. 11 in Gilmer Circuit Court.

Even though Davis told Feltz why he was wearing the glove, Feltz repeatedly thrust his finger into Davis's hand, telling Davis he had never seen a glove like that, the suit states.

Davis claims Feltz jabbed him with his finger three times before Davis told him to stop.

The incident, which was recorded and performed in front of more than 100 inmates, caused Davis to experience shooting pains in his right hand and nerve dysfunction throughout his right arm, according to the complaint.

Davis went to the medical staff at the prison on June 12 and had an appointment on June 16 with clinical director E. Mace, according to the complaint.

"She explained that plaintiff was having shooting pains due to him having CRPS (Complex Regional Pain Syndrome)," the suit states. "The nerves in the plaintiff's right arm are severely damage due to numerous gunshot wounds to the right side of his body."

Davis claims he continued to experience the shooting pain for two days after his treatment.

Because of the incident, Davis, who already had Post-Traumatic Stress Disorder, suffered emotional distress, according to the complaint.

"Defendant's attack on plaintiff triggered painful flash backs of the plaintiff's past injury which was another attack in the plaintiff mind that had hurt him in the past," the suit states. "Defendant's 'assault' on plaintiff makes this the second time in the life of plaintiff that he was 'maliciously' attacked by someone. Which opens up an unwelcome batch of tragical painful memories."

Davis is seeking compensation damages in excess of $300,000, punitive damages in excess of $300,000, costs, attorney fees and other relief deemed proper by the court.

Davis is representing himself.

Feltz is being represented by Helen Campbell Altmeyer of Wheeling.

U.S. District Court case number: 1:08-CV-183

Click Here For The Original Article Online.


No comments: