[Download] "Northington V. Jackson" by United States Court of Appeals for the Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Northington V. Jackson
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 17, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Plaintiff Craig Bryant Northington appeals from the dismissal of his 42 U.S.C. 1983 and 1985 civil rights actions against various Denver sheriff's deputies, corrections officers and the Denver Sheriff's Department. All of the allegations regard misdeeds which occurred when Mr. Northington was awaiting transfer from the Denver County Jail to the Denver County Community Corrections facility while he was serving his community corrections placement sentence. In his pro se complaint, Mr. Northington alleged: (1) that defendant Deputy Sheriff Dee Badley violated his constitutional rights when she sold him a pickup truck in violation of his community corrections placement sentence and later threatened to bring charges against him for forging a notarization on the pickup title; (2) that defendants Captain Carlos Jackson and Sergeant Motley violated his due process rights and subjected him to cruel and unusual punishment by stopping him on his way from the Denver County Jail to his community placement worksite, holding a handgun to his head, hauling him back to the Denver County jail and forcing him to telephone Deputy Badley and implicate her in illegal activities at the jail; and (3) that the remaining defendants engaged in a civil conspiracy and subjected him to cruel and unusual punishment by telling prisoners that he was a "snitch" and repeatedly moving him from cell to cell in the jail to substantiate the rumor. The defendants moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(6), and the district court referred the matter to a magistrate who held a telephonic evidentiary hearing and recommended dismissal. The district court subsequently adopted the magistrate's findings and recommendations over Mr. Northington's objection and dismissed the complaint under Rule 12(b)(6). Exercising de novo review, see Miller v. Glanz, 948 F.2d 1562 (10th Cir. 1991), we affirm the dismissal of the 1983 claims against The Denver Sheriff's Department, Deputy Badley, Captain Rowe and Captain Brennis as well as all of the 1985 civil rights conspiracy claims; however, we reverse the dismissal of the 1983 claims against Captain Jackson, Sergeant Motley and Deputy Marin, and remand for proceedings consistent herewith.