Case 5:12-cv-00120-CAR Document 78 Filed 12/14/12 Page 1 of 33

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION TERRANCE DEAN, v. DARREN J. DOUGLASS WILLIE REDDEN, CHRISTOPHER HALL, RONALD LACH, KERRY BOLDEN, DELTON RUSHIN, DERRICK WIMBUSH, JAMES HINTON KEVIN DAVIS, TREVONZA BOBBITT, DUNN BLAKELY, AND EMMETT MCKENZIE, present and former correctional officers, Macon State Prison, being sued in their individual and supervisory capacities, Defendants. ) ) ) ) ) CFAN: 5:12-cv-120 (CAR-MSH) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

PLAINTIFFS AMENDED COMPLAINT Mr. Dean by and through his attorney of record files this Amended Complaint for all permissible damages, by using 42 U.S.C. 1983 and 1988 to vindicate his rights under the Eighth Amendment and Fourth Amendment of the U.S. Constitution, because Defendants deprived Mr. Dean of his constitutional right to be free from cruel and unusual punishment. To support his Amended Complaint, Mr. Dean alleges the following:

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PRELIMINARY STATEMENT This case underscores why both the Supreme Court of the United States and the Eleventh Circuit Court of Appeals agree that [i]n its prohibition of cruel and unusual punishments, the Eighth Amendment places restraints on prison officials, who may not, for example, use excessive physical force against prisoners [because] ...[b]eing violently assaulted in prison is simply not part of the penalty that criminal offenders pay for their offenses against society. Matthews v. Crosby 480 F.
th

3d 1265, 1270 (11 Cir.2007) (citing Farmer v. Brennan 511 U.S. 825, 114 S. Ct. [1970]). After initially making false statements under oath, Defendants later admitted that on December 16, 2010 they restrained Mr. Dean with handcuffs, took him to a gymnasium that had no video surveillance, then, beat him for quite some time. Defendants deliberate, sadistic and malicious conduct left Mr. Dean unconscious, with a Glasgow Coma Score of 3 out of 15- and with long term physical and mental injuries. Additionally, both the investigative report by the Georgia Bureau of Investigation (GBI) and witness testimony reveal that Macon State Prison had a pattern and practice of taking handcuffed inmates on a walk to the subject gymnasium (with no video surveillance) to calm them down: to beat them in a manner that the U.S. Constitution prohibits. At the time of his beating, Mr. Deans constitutional right not to be beaten while handcuffed and non-resisting had been clearly established.

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JURISDICTION 1. Jurisdiction is proper and based upon 28 U.S.C. 1331, 1332, and 1343. VENUE 2. Venue is proper and based upon 28 U.S.C. 1391. Also, the events or omissions related to Mr. Deans claims arose in Macon County, GA at Macon State Prison. See L.R. 3.4. PARTIES A. Mr. Dean 3. At all times relevant to this Complaint, Mr. Dean was a citizen of the United States, residing in Macon, Georgia. Mr. Dean submits to the jurisdiction and venue of this Court; thus he files this action under federal law for all general, special, compensatory, punitive, and any other permissible damages. Also, Mr. Dean has complied with all requisites to file this suit. B. Defendants Defendants Hall, Douglass, Redden, Lach, Bolden, Rushin, and Wimbush will be referred to as Defendant C.E.R.T. Officers. 4. Defendant Christopher Hall was at all times relevant to this action employed by the Georgia Department of Corrections (GDC) and a sergeant at Macon State Prison who supervised its Correctional Emergency Response Team (C.E.R.T.). Sergeant Hall admits that (1) he was present when Defendant C.E.R.T. Officers beat Mr. Dean and that (2) he permitted Defendant C.E.R.T. Officers to beat Mr.

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Dean-for some time- while Mr. Dean was handcuffed. Sergeant Hall failed to take reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers under Sergeant Halls supervision . Sergeant Hall conspired with other Defendant C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed, then, Sergeant Hall personally beat Mr. Dean along with Defendant C.E.R.T. Officers under his supervision. Sergeant Hall incited, directed, and ratified the unconstitutional beating. Consequently, Sergeant Hall is being sued in his individual capacity and may be served at 2250 GA HWY 26 W. Buena Vista, GA 31803. 5. Defendant Darren J. Douglass was at all times relevant to this action an officer at Macon State Prison who the GDC employed. On December 16, 2010, Defendant Douglass maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean was handcuffed. Defendant Douglass conduct was deliberate, punitive, cruel and unusual (excessive), and had the sole purpose of inflicting physical and mental pain upon Mr. Dean. Defendant Douglass conspired with other Defendant C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed, then, Defendant Douglass personally assaulted and battered Mr. Dean along with other Defendant C.E.R.T. Officers. Defendant Douglass also failed to take reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Douglass is being sued in his individual capacity and may be served at 126 B Fairway Two

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Drive, Americus, GA 31719. 6. Defendant Willie Redden was at all times relevant to this action an officer at Macon State Prison who the GDC employed. On December 16, 2010, Defendant Redden maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean was handcuffed. Defendant Reddens conduct was deliberate, punitive, cruel and unusual (excessive), and had the sole purpose of inflicting physical and mental pain upon Mr. Dean. Defendant Redden conspired with Defendant C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed, then, Defendant Redden personally assaulted and battered Mr. Dean along with Defendant C.E.R.T. Officers. Defendant Redden also failed to take reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Redden is being sued in his individual capacity and may be served at 1613 Ken Gardens Rd. Albany, GA 31707. 7. Defendant Ronald Lach was at all times relevant to this action an officer at Macon State Prison who the GDC employed. On December 16, 2010, Defendant Lach maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean was handcuffed. Defendant Lachs conduct was deliberate, punitive, cruel and unusual (excessive), and had the sole purpose of inflicting physical and mental pain upon Mr. Dean. Defendant Lach conspired with Defendant Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant Officers could beat him

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while he was handcuffed, then, Defendant Lach personally assaulted and battered Mr. Dean along with Defendant C.E.R.T. Officers. Defendant Lach also failed to take reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Lach is being sued in his individual capacity and may be served at 1783 HWY 49 South, Oglethorpe GA 31068. 8. Defendant Kerry Bolden was at all times relevant to this action an officer at Macon State Prison who the GDC employed. On December 16, 2010, Defendant Bolden maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean was handcuffed. Defendant Boldens conduct was deliberate, punitive, cruel and unusual (excessive), and had the sole purpose of inflicting physical and mental pain upon Mr. Dean. Defendant Bolden conspired with Defendant C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers could beat him while he was handcuffed, then, Defendant Bolden personally assaulted and battered Mr. Dean along with Defendant C.E.R.T. Officers. Defendant Bolden also failed to take reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Bolden is being sued in his individual capacity and may be served at 514 Williams St., Vienna, GA 31092. 9. Defendant Delton Rushin was at all times relevant to this action an officer at Macon State Prison who the GDC employed. On December 16, 2010, Defendant Rushin maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean

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was handcuffed. Defendant Rushins conduct was deliberate, punitive, cruel and unusual (excessive), and had the sole purpose of inflicting physical and mental pain upon Mr. Dean. Defendant Rushin conspired with Defendant C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers could beat him while he was handcuffed, then, Defendant Rushin personally assaulted and battered Mr. Dean along with Defendant C.E.R.T. Officers. Defendant Rushin also failed to take reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers. Notably, Defendant Rushins understanding of constitutional limits placed upon him as an officer regarding cruel and unusual punishment is so skewed that he stated to a GBI Investigator: Mr. Dean got what he deserved. Consequently, Defendant Rushin is being sued in his individual capacity and may be served at 3214 Fern Ridge Dr., Albany, GA 31721. 10. Defendant Derrick Wimbush was at all times relevant to this action an officer at Macon State Prison who the GDC employed. On December 16, 2010, Defendant Wimbush maliciously and sadistically assaulted and battered Mr. Dean-while Mr. Dean was handcuffed. Defendant Wimbushs conduct was deliberate, punitive, cruel and unusual (excessive), and had the sole purpose of inflicting physical and mental pain upon Mr. Dean. Defendant Wimbush conspired with Defendant C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers could beat him while he was handcuffed, then, Defendant Wimbush personally assaulted and battered Mr. Dean along with Defendant C.E.R.T. Officers. Defendant Wimbush also failed to take reasonable

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steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers. Consequently, Defendant Wimbush is being sued in his individual capacity and may be served at 931 Buena Vista HWY, Mauk, GA 31058. 11. Defendant Deputy Warden James Hinton was at all times relevant to this action a Deputy Warden at Macon State Prison who the GDC employed. Defendant Hinton had supervisory and managerial responsibilities over Defendant C.E.R.T. Officers. Defendant Hinton ratified and encouraged the beating of Mr. Dean by knowingly and willfully permitting Defendant C.E.R.T. Officers to take inmates such as Terrance Dean to the gym- where there are no surveillance cameras- to beat them while handcuffed, as punishment for perceived misconduct. Defendant Hinton failed to take reasonable steps to stop the pattern and practice of beating handcuffed inmates inside the gym where Mr. Dean was beaten. Defendant Hinton proximately caused Mr. Deans injuries because Defendant Hinton permitted and encouraged Defendant C.E.R.T. Officers to deliberately take inmates to a secluded area (the gym) and then beat them in an unconstitutional manner. Defendant Hintons knowledge that members of C.E.R.T., including Defendant C.E.R.T. Officers, beat inmates such as Mr. Dean-while handcuffedwithin the subject gym is evidenced by Defendant Halls statement that Defendant Hinton knew that there existed a pattern and practice of Defendant C.E.R.T. Officers taking inmates to the gym to beat them while those inmates were handcuffed. Defendant Hinton may be served at Macon State Prison, 2728 HWY 49 South, Oglethorpe, GA 31068.

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12. Defendant Captain Kevin Davis was at all times relevant to this action a Captain at Macon State Prison who the GDC employed. Defendant Davis had supervisory and managerial responsibilities over Defendant Hall and the other Defendant C.E.R.T. Officers. Defendant Davis ratified and encouraged the beating of Mr. Dean by knowingly and willfully permitting Defendant C.E.R.T. Officers to take inmates such as Terrance Dean to the gym- where there are no surveillance cameras- to beat them while handcuffed, as punishment for perceived misconduct. Defendant Davis failed to take reasonable steps to stop the pattern and practice of beating handcuffed inmates inside the gym where Mr. Dean was beaten. Defendant Davis proximately caused Mr. Deans injuries because Defendant Davis permitted and encouraged Defendant C.E.R.T. Officers to deliberately take inmates to a secluded area (the gym) and then beat them in an unconstitutional manner. Defendant Daviss knowledge that members of C.E.R.T., including Defendant C.E.R.T. Officers, beat inmates such as Mr. Dean- while handcuffed- within the subject gym is evidenced by Defendant Halls statement that Defendant Davis knew that there existed a pattern and practice of Defendant C.E.R.T. Officers taking inmates to the gym to beat them while they were handcuffed. Defendant Davis may be served at Macon State Prison, 2728 HWY 49 South, Oglethorpe, GA 31068. RELEVANT FACTS When prisoners plead facts sufficient to infer that they were maliciously and sadistically beaten by prison officials, those officials are not entitled to qualified immunity. See McReynolds v. Alabama Dept. of Youth Services, 204 Fed Appx.
th

819 (11 Cir. 2006).

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13. On December 16, 2010 a correctional officer (Officer Walden) at Macon State Prison and Mr. Dean engaged in a verbal and physical confrontation; consequently, an emergency code was given over the radio indicating that an Officer needed assistance. 14. Defendant C.E.R.T. Officers responded to the incident involving Mr. Dean and Officer Walden on December 16, 2010. 15. Testimonial and visual evidence indicates that Mr. Dean did not have any visible injuries while at the scene of the altercation between himself and Officer Walden and that Mr. Dean left the dorm room where the incident occurred walking normally, on his own accord, while being escorted by C.E.R.T. members. 16. Standard Operating Procedure (SOP) applicable to Defendant C.E.R.T. Officers required them to video record themselves and Mr. Dean as they escorted him to the medical unit, because Mr. Dean was involved in a use of force incident with Officer Walden. 17. Defendant C.E.R.T. Officers intentionally violated their SOP by failing to video record themselves escorting Mr. Dean to the medical unit. 18. Instead of taking Mr. Dean directly to the medical unit as required by standard operating procedure, Defendant C.E.R.T. Officers deliberately took Mr. Dean to the

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gymnasium where there was no video surveillance inside. 19. By the time Mr. Dean was inside the subject gymnasium, Defendant C.E.R.T. Officers knew that Mr. Dean was taken to the subject gymnasium while Mr. Deans hands were cuffed behind his back. 20. Defendant Hall knew at the time that Defendant C.E.R.T. Officers where physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands cuffed behind his back. 21. Defendant Douglass knew at the time that Defendant C.E.R.T. Officers where physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands cuffed behind his back. 22. Defendant Redden knew at the time that Defendant C.E.R.T. Officers where physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands cuffed behind his back. 23. Defendant Lach knew at the time that Defendant C.E.R.T. Officers where physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands cuffed behind his back. 24. Defendant Bolden knew at the time that Defendant C.E.R.T. Officers where physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands

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cuffed behind his back. 25. Defendant Rushin knew at the time that Defendant C.E.R.T. Officers where physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands cuffed behind his back. 26. Defendant Wimbush knew at the time that Defendant C.E.R.T. Officers where physically hitting Mr. Dean inside the subject gym that Mr. Dean had his hands cuffed behind his back. 27. At the time Mr. Dean was taken-handcuffed- to the subject gym, Defendant C.E.R.T. Officers knew that the gymnasium where Mr. Dean was taken had no video surveillance cameras to monitor activity inside the gym. 28. Defendant C.E.R.T. Officers knew and ensured that no other staff besides themselves and Mr. Dean was inside the gym before Defendant C.E.R.T. Officers physically and sadistically beat Mr. Dean. 29. Defendant C.E.R.T. Officers were present inside the subject gymnasium with Mr. Dean at all relevant times to this lawsuit. 30. Defendant C.E.R.T. Officers intentionally beat Mr. Dean while they all were inside the subject gymnasium and while Mr. Dean was handcuffed, not resisting.

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31. There was no need to beat Mr. Dean while he was handcuffed other than Defendant C.E.R.T. Officers sadistic need to punish Mr. Dean without having performed any investigation into the matter: it appears that Officer Walden entered into a voluntary verbal and physical altercation with Mr. Dean. 32. Mr. Dean posed no reasonable threat to any Defendant C.E.R.T. Officers (or anyone else) as they escorted him- with his hands cuffed behind his back- to the subject gymnasium. 33. Defendant C.E.R.T. Officers punished Mr. Dean for his altercation with Officer Walden by intentionally- and repeatedly- hitting (battering) Mr. Dean while he was handcuffed, evidenced by Defendant Rushins warped comment that Mr. Dean got what he deserved. 34. Defendant Hall was present when Defendant C.E.R.T. Officers were physically hitting Mr. Dean inside the subject gymnasium. 35. Defendant Douglass was present when Defendant C.E.R.T. Officers were physically hitting Mr. Dean inside the subject gymnasium. 36. Defendant Redden was present when Defendant C.E.R.T. Officers were physically hitting Mr. Dean inside the subject gymnasium.

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37. Defendant Lach was present when Defendant C.E.R.T. Officers were physically hitting Mr. Dean inside the subject gymnasium. 38. Defendant Bolden was present when Defendant C.E.R.T. Officers were physically hitting Mr. Dean inside the subject gymnasium. 39. Defendant Rushin was present when Defendant C.E.R.T. Officers were physically hitting Mr. Dean inside the subject gymnasium. 40. Defendant Wimbush was present when Defendant C.E.R.T. Officers were physically hitting Mr. Dean inside the subject gymnasium. 41. Defendant C.E.R.T. Officers know that C.E.R.T. members had to carry Mr. Dean to the medical unit from the gym after they stopped beating Mr. Dean while he was handcuffed. 42. Defendant Hall made false statements under oath by initially denying that he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the subject gym while Mr. Dean was handcuffed. 43. Defendant Douglas made false statements under oath by initially denying that he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the subject gym while Mr. Dean was handcuffed.

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44. Defendant Redden made false statements under oath by initially denying that he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the subject gym while Mr. Dean was handcuffed. 45. Defendant Lach made false statements under oath by initially denying that he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the subject gym while Mr. Dean was handcuffed. 46. Defendant Bolden made false statements under oath by initially denying that he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the subject gym while Mr. Dean was handcuffed. 47. Defendant Rushin made false statements under oath by initially denying that he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the subject gym while Mr. Dean was handcuffed. 48. Defendant Wimbush made false statements under oath by initially denying that he hit Mr. Dean and that other Defendant C.E.R.T. Officers hit Mr. Dean in the subject gym while Mr. Dean was handcuffed. 49. Defendant Hall admits to making his initial report of the subject incident fit like a puzzle with the false reports made by Defendant C.E.R.T. Officers who physically beat Mr. Dean in the subject gymnasium.

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50. Defendant Douglass either read other Defendant C.E.R.T. Officers initial reports about the subject incident before writing his initial report, or he discussed his initial report with other Defendant C.E.R.T. Officers before submitting his report to the appropriate officials. 51. Defendant Redden either read other Defendant C.E.R.T. Officers initial reports about the subject incident before writing his initial report, or he discussed his initial report with other Defendant C.E.R.T. Officers before submitting his report to the appropriate officials. 52. Defendant Lach either read other Defendant C.E.R.T. Officers initial reports about the subject incident before writing his initial report, or he discussed his initial report with other Defendant C.E.R.T. Officers before submitting his report to the appropriate officials. 53. Defendant Bolden either read other Defendant C.E.R.T. Officers initial reports about the subject incident before writing his initial report, or he discussed his initial report with otherDefendant C.E.R.T. Officers before submitting his report to the appropriate officials.

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54. Defendant Rushin either read other Defendant C.E.R.T. Officers initial reports about the subject incident before writing his initial report, or he discussed his initial report with other Defendant C.E.R.T. Officers before submitting his report to the appropriate officials. 55. Defendant Wimbush either read other Defendant C.E.R.T. Officers initial reports about the subject incident before writing his initial report, or he discussed his initial report with other Defendant C.E.R.T. Officers before submitting his report to the appropriate officials. 56. While in Macon State Prisons medical unit, Mr. Dean was diagnosed with gross deformity to the head, closed head trauma, five inch long hematoma to the head and temple, laceration on the mouth, and right pupil fixed (blown out) and dilated. Mr. Dean was non responsive to verbal commands (no speech) and had an altered mental status. Once an Emergency Response Team appeared to take Mr. Dean to a local hospital, evidence capable of being reduced to admissible testimony indicates that if Mr. Dean [w]as not an inmate we [the 17 Emergency Response Team] would have called life flight immediately. Mr. Dean was transported to several hospitals where he was diagnosed with, inter alia, a Glasgow Coma Index ranging from 3 to 5 (a score of zero being the lowest possible out of 15). Ultimately,

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Mr. Deanwas diagnosed with acute brain injury and white matter changes in his brain, amongst many other serious medical conditions. After spending approximately two weeks in the hospital, Mr. Dean was transported back to prison where he received speech therapy, motor skills therapy, and physical rehabilitation for months. He now struggles to write legibly, has to wear a brace on his leg so his foot wont turn inward, and suffers from pressure on his brain, which requires him to take seizure medication three times a day. He also suffers from spontaneous, frequent fatigue in his arms and legs. 57. Defendant C.E.R.T. Officers brutal conduct caused Mr. Dean to incur over seventythousand dollars in medical expenses in just twelve days; his injuries were not (nor are) de minimis. 58. Some of Defendant C.E.R.T. Officers have characterized the inhumane time span they were beating of Mr. Dean as a dog pile, and that the beating of Mr. Dean went too far. And that what happened to Mr. Dean was not right. And after seeing Mr. Dean lying motionless on the ground and in the medical department of Macon State Prison, Defendant Hall said I might as well took it [presumably his uniform] off right then, its done, we in trouble.

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59. Some of Defendant C.E.R.T. Officers have admitted that it was accepted practice amongst Macon State Prison Officials to handcuff inmates, take them to the subject gym, and then beat them. According to the GBI Report, Defendant Douglass said he knew orders (the word) came from above the C.E.R.T. chain of command regarding the use of excessive force against inmates. Also, when Defendant Hall was asked who knows above you that this was going on [taking inmates to the gym to beat them], he answered: everybody, naming his direct superiors Deputy Warden James Hinton and Captain Kevin Davis, who both supervise and manage C.E.R.T. members including Defendant Sergeant Hall. 60. Macon State Prison no longer employs Defendant C.E.R.T. Officers. COUNT I VIOLATION OF EIGHTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND 42 U.S.C. 1983 (Against Defendants Hall, Douglass, Redden, Lach, Bolden, Rushin, and Wimbush) 61. Mr. Dean re-alleges in this Count, as if stated verbatim, all factual allegations in 4-10, 15, 20-26, 29-41, 56-58, and any other paragraph this Court deems applicable. Also, every fact and allegation in this Count supports Mr. Deans allegation that before, and at the time, Defendant C.E.R.T. Officers beat Mr. Dean while he was handcuffed and non-resisting, Mr. Dean had a clearly established constitutional right

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to be free from cruel and unusual punishment in the form of, inter alia, being beaten while handcuffed and non-resisting. 62. Defendant C.E.R.T. Officers acting under the color of state law, violated Mr. Deans rights under the Eighth and Fourteenth Amendments to the United States Constitution by using malicious, sadistic and otherwise inhumane force against Mr. Dean. Matthews supra; See also, Hudson v. McMillan,503 U.S. 1, 7 (1992). The force used by Defendant C.E.R.T. Officers, while Mr. Dean was non-resisting and restrained with his hands cuffed behind his back, was excessive and beyond any force reasonably necessary to maintain order. 63. Defendant C.E.R.T. Officers acted with a deliberate, malicious and retaliatory purpose (intent) to inflict harm. The force used by Defendant C.E.R.T. Officers was more than de minimis force. 64. Defendant C.E.R.T. Officers sadistic conduct directly and proximately caused Mr. Dean to suffer significant physical and emotional injuries in an amount to be proven at trial.

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65. Defendant Officers conduct evidenced a willful, carefree disregard for Mr. Deans constitutional right to be free from cruel and unusual punishment. Furthermore, Defendant Officers attempted to cover up their unconstitutional conduct by making false statements under oath that led initial investigators to believe they may had not beaten Mr. Dean. Consequently, Mr. Dean is entitled to all permissible damages, including punitive damages. Punitive damages are essential to deter future Eighth Amendment excessive force violations at this institution. COUNT II SUPERVISORY LIABILITY (Against Defendants Hall, Hinton, and Davis, Bobbitt, Blakley and McKenzie) Supervisory liability under 42 U.S.C. 1983 occurs when the supervisor personally participates in the alleged constitutional violation or when there is a causal connection between the actions of the supervising official and the alleged constitutional deprivation. Matthews supra, at 1269- 70. The acts and omissions of all Defendants named in this Count proximately caused the deprivation of Mr. Deans clearly established constitutional right to be free from cruel and unusual punishment in the form of, inter alia, being beaten while handcuffed and non-resisting.

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66. Mr. Dean re-alleges in this Count, as if fully stated verbatim, all factual allegations set forth in 4, 11, 12, and 59, and any other paragraph that this Court deems applicable. 67. Defendant Hall supervised and ratified the beating of Mr. Dean by failing to take reasonable steps to immediately stop C.E.R.T. members under his supervision from beating Mr. Dean in Defendant Halls presence. Defendant Hall also incited the beating of Mr. Dean by participating in the beating- his conduct demonstrated a consummate deliberate indifference to Mr. Deans constitutional right to be free from cruel and unusual punishment. Consequently, Defendant Hall directly and proximately caused Mr. Dean to suffer severe physical and emotional injury. 68. Defendant Hinton proximately caused Mr. Deans severe physical and emotional injuries by encouraging and ratifying Defendants conduct of handcuffing inmates, then, taking them to the gym-where no cameras were present- to beat them as punishment for perceived misconduct. By permitting and encouraging this conduct before Mr. Dean was injured, Defendant Hinton ratified the very conduct that caused Mr. Deans severe physical and mental injuries; thus there exist a causal connection between Defendant Hintons conduct and Mr. Deans serious injuries.

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Defendant Hintons culpability (deliberate indifference) is evidenced, inter alia, by Defendant Halls admission that Defendant Hinton knew that Macon State Officers, including Defendant C.E.R.T. Officers, beat handcuffed inmates in the subject gymwitness testimony reasonably infers that Defendant Hinton did nothing to stop this patently unconstitutional conduct. 69. Defendant Davis proximately caused Mr. Deans severe physical and emotional injuries by encouraging and ratifying Defendants conduct of handcuffing inmates, then, taking them to the gym-where no cameras were present- to beat them as punishment for perceived misconduct. By permitting and encouraging this conduct before Mr. Dean was injured, Defendant Davis ratified the very conduct that caused Mr. Deans severe physical and emotional injuries; thus there exist a causal connection between Defendant Davis conduct and Mr. Deans serious injuries. Defendant Davis culpability (deliberate indifference) is evidenced, inter alia, by Defendant Halls admission that Defendant Davis knew that Macon Stat e Officers, including Defendant C.E.R.T. Officers, beat handcuffed inmates in the subject gym- witness testimony reasonably infers that Defendant Davis did nothing to stop this patently unconstitutional conduct.

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70. Defendant Bobbitt proximately caused Mr. Deans severe physical and emotional injuries by encouraging and ratifying Defendants conduct of handcuffing inmates, then, taking them to the gym-where no cameras were present- to beat them as punishment for perceived misconduct. By permitting and encouraging this conduct before Mr. Dean was injured, Defendant Bobbitt ratified the very conduct that caused Mr. Deans severe physical and emotional injuries; thus there exist a causal connection between Defendant Bobbitts conduct and Mr. Deans serious injuries. Defendant Bobbitts culpability (deliberate indifference) is evidenced, inter alia, by Defendant McKenzies testimony in a plea agreement that he informed Defendant Bobbitt that Mr. Dean was being unconstitutionally beaten and not only did Defendant Bobbitt take no reasonable action within Bobbitts means to stop the beating, but also, Defendant McKenzie knew based on past unconstitutional beatings of inmates known by Defendant Bobbitt, that Defendant Bobbitt would do nothing about the unconstitutional beating of Mr. Dean. At all times relevant to this action, Defendant Bobbitt was employed by the Georgia Department of Corrections (GDC) at Macon State Prison and had requisite supervisory authority to stop the beating of Mr. Dean and to take action against those who unconstitutionally beat Mr. Dean and other inmates, yet, failed to do so. Defendant Bobbitt failed to take reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers who Defendant Bobbitt had the authority to stop from beating Mr. Dean.

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Defendant Bobbitt conspired with other Defendant C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed. Defendant Bobbitt incited, directed, and ratified the unconstitutional beating. Consequently, Defendant Bobbitt is being sued in his individual capacity and may be served at 2250 GA HWY 26 W. Buena Vista, GA 31803.

71. Defendant Blakely proximately caused Mr. Deans severe physical and emotional injuries by encouraging and ratifying Defendants conduct of handcuffing inmates, then, taking them to the gym-where no cameras were present- to beat them as punishment for perceived misconduct. By permitting and encouraging this conduct before Mr. Dean was injured, Defendant Blakely ratified the very conduct that caused Mr. Deans severe physical and emotional injuries; thus there exist a causal connection between Defendant Blakelys conduct and Mr. Deans serious injuries. Defendant Blakelys culpability (deliberate indifference) is evidenced, inter alia, by Defendant McKenzies testimony in a plea agreement that he informed Defendant Blakely that Mr. Dean was being unconstitutionally beaten and not only did Defendant Blakely take no reasonable action within Blakelys means to stop the beating, but also, Defendant McKenzie knew based on past unconstitutional beatings of inmates known by Defendant Blakely, that Defendant Blakely would do nothing about the unconstitutional beating of Mr. Dean.

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At all times relevant to this action, Defendant Blakely was employed by the Georgia Department of Corrections (GDC) at Macon State Prison and had requisite supervisory authority to stop the beating of Mr. Dean and to take action against those who unconstitutionally beat Mr. Dean and other inmates, yet, failed to do so. Defendant Blakely failed to take reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers who Defendant Blakely had the authority to stop from beating Mr. Dean. Defendant Blakely conspired with other Defendant C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed. Defendant Blakely incited, directed, and ratified the unconstitutional beating. Consequently, Defendant Blakely is being sued in his individual capacity and may be served at 2250 GA HWY 26 W. Buena Vista, GA 31803.

72. Defendant McKenzie proximately caused Mr. Deans severe physical and emotional injuries by encouraging and ratifying Defendants conduct handcuffing inmates, then, taking them to the gym-where no cameras were present- to beat them as punishment for perceived misconduct. By permitting and encouraging this conduct before Mr. Dean was injured, Defendant McKenzie ratified the very conduct that caused Mr. Deans severe physical and emotional injuries; thus there exist a causal connection between Defendant McKenzies conduct and Mr. Deans serious injuries. Defendant McKenzies culpability (deliberate indifference) is evidenced,

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inter alia, by Defendant McKenzies testimony in a plea agreement that he saw Defendant CERT Officers take Mr. Dean to the subject gymnasium, then, entered the gym, saw Mr. Deans hands cuffed behind his back, approached Mr. Dean, swiped his finger across Mr. Deans face, then, permitted Mr. Dean to be beaten by Defendant CERT Officers. Defendant McKenzie was at all times relevant to this action employed by the Georgia Department of Corrections (GDC) at Macon State Prison and had requisite supervisory authority to stop the beating of Mr. Dean and to take action against those who unconstitutionally beat Mr. Dean and other inmates, yet, failed to do so. Defendant McKenzie admits that (1) he was present when Defendant C.E.R.T. Officers beat Mr. Dean and that (2) he permitted Defendant C.E.R.T. Officers to beat Mr. Dean-while Mr. Dean was handcuffed. Defendant McKenzie failed to take reasonable steps to protect Mr. Dean from cruel and unusual punishment (excessive force) inflicted by Defendant C.E.R.T. Officers who McKenzie had the supervisory authority to stop. McKenzie conspired with other Defendant C.E.R.T. Officers to take Mr. Dean to the gymnasium (with no video surveillance) so Defendant C.E.R.T. Officers could beat Mr. Dean while he was handcuffed. McKenzie incited, directed, and ratified the unconstitutional beating. Consequently, Defendant McKenzie is being sued in his individual capacity and may be served at 2250 GA HWY 26 W. Buena Vista, GA 31803.

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73. Because Defendants Hall, Hinton, and Davis, Bobbitt, Blakely, and McKenzie acting in their supervisory capacity, proximately caused Mr. Deans serious injuries, Mr. Dean is entitled to all permissible damages, including punitive damages. Punitive damages are essential to deter future Eighth Amendment violations by Defendant Davis and Hinton, since both Defendants still work at Macon State Prison. COUNT III CIVIL CONSPIRACY (Against Defendants Hall, Douglass, Redden, Lach, Bolden, Rushin, and Wimbush) To state a plausible claim for civil conspiracy under 42 U.S.C. 1983, a plaintiff must plead sufficient facts to reasonably infer that the Defendants reached an understanding to violate the plaintiffs constitutional rights; the conspiratorial act must also impinge upon the plaintiffs constitutional right. See Grider v. City of Auburn, Ala., 618 F 3d 1240, 1260 (11th Cir. 2010). Significantly, Plaintiffs can prove civil conspiracy with circumstantial evidence. Id. The assertive acts of all Defendants named in this Count demonstrate that Defendants conspired to violate Mr. Deans clearly established constitutional right to be free from cruel and unusual punishment in the form of, inter alia, being beaten while handcuffed and non-resisting.

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74. Mr. Dean re-alleges in this Count, as if fully stated verbatim, all factual allegations set forth in 4-10, 17-19, 27, 28, 42-57, and any other paragraph that this Court deems applicable. 75. Defendant C.E.R.T. Officers conspired to violate Mr. Deans Eighth-Amendment constitutional right to be free from cruel and unusual punishment. This assertion is evidenced by the fact that Defendant C.E.R.T. Officers intentionally took Mr. Dean to an area where Defendant C.E.R.T. Officers knew no surveillance video was present and Defendant C.E.R.T. Officers intentionally violated applicable SOP by not recording their conduct with Mr. Dean. Also, conspiracy can be inferred by the false statements Defendant C.E.R.T. Officers made while under government investigation- to hide the fact that they beat Mr. Dean while he was handcuffed and not resisting. Furthermore, many Defendant C.E.R.T. Officers such as Defendant Hall and Defendant Douglass have stated that everyone knew (high up officials at Macon State Prison) that the gym was used to beat prisoners and that it was accepted practice to take inmates to the gym to calm them down. So when Defendant C.E.R.T. Officers walked Mr. Dean to the gym, this Court (and a jury) could reasonably infer that Defendant C.E.R.T. Officers had reached an understanding that they were going to take Mr. Dean to the gym to

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violate Mr. Deans constitutional rights by sadistically and maliciously beating him as he laid on the ground handcuffed, defenseless, and non-resisting. Mr. Dean now prays that this Court do the following: 1. Assume jurisdiction over this action; 2. Declare that the acts and omissions described in this Complaint violated Mr. Deans clearly-established rights under the U.S. Constitution and laws of the United States; 3. Permit a jury of at least six (6) to decide all issues of fact that this Court does not decide as a matter of law; 4. Enter judgment in favor of Mr. Dean- for all permissible damages under law, including compensatory and punitive damages- against each defendant jointly and severally; 5. Award Mr. Dean all permissible costs under law regarding this lawsuit, including reasonable attorney fees and expenses pursuant to 42 U.S.C. 1988(b) & (c); and 6. Order any additional relief that this Court deems appropriate.

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Respectfully submitted this 14th day of December 2012, s/MARIO WILLIAMS Mario Williams GA Bar No. 234254

WILLIAMS OINONEN, LLC The Historic Grant Building 44 Broad Street, NW Suite 200 Atlanta, GA 30303 Tel: 404-654-0288 Fax: 404-592-6225 mario@goodgeorgialawyer.com

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CERTIFICATE OF SERVICE I certify that this day I electronically filed Plaintiffs Amended Complaint using the CM/ECF system, which will notify the following attorneys of record: Eve A. Appelbaum Paul A. Henfeld Appelbaum & Associates, P.C. 550 Pharr Road, Suite 525 Atlanta, GA 30305 George W. Weaver, Esq. Jeffrey A. Shaw, Esq. Hollberg & Weaver, LLP 2921 Piedmont Road, NE, Suite C Atlanta, Georgia 30305 Vincent A. Toreno, Esq. D. Michael Williams, Esq. Rutherford & Christie, LLP South Tower, Suite 1750 225 Peachtree Street Atlanta, Georgia 30303 Devon Orlando, Esq. Tina M. Piper, Esq. Office of Attorney General 40 Capital Square Atlanta, Georgia 30334 Stacy Seidel, Esq. Gary Seacrest, Esq. Karsten Bicknese, Esq. Seacrest, Karesh, Tate, and Bicknese 56 Perimeter Center East, Suite 450 Atlanta, Georgia 30346

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Adam L. Appel, Esq. Marquetta J. Bryan, Esq. Carlock, Copeland, & Stair, LLP 191 Peachtree Street, Suite #3600 Atlanta, Georgia 30303 Annarita M. Busbee, Esq. Derrick L. Bingham, Esq. Owen, Gleaton, Egan, Jones & Sweeney, L.L.P. 1180 Peachtree Street, NE, Suite# 3000 Atlanta, Georgia 30303 Respectfully submitted this 14th day of December 2012, s/ MARIO WILLIAMS Mario Williams, Esq. GA Bar No. 235254

WILLIAMS OINONEN LLC The Grant Building, Suite 200 44 Broad Street N.W. Atlanta, Georgia 30303 Phone: (404) 654.0288 Fax: (404) 592.6225 mario@goodgeorgialawyer.com Counsel for Mr. Dean