Parker v. Department of Corrections

2011 U.S. Dist. LEXIS 17247 (2011)

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Parker v. Department of Corrections

United States District Court for the Northern District of Florida
2011 U.S. Dist. LEXIS 17247 (2011)

  • Written by Noah Lewis, JD

Facts

John Parker (plaintiff), while incarcerated in Florida state prison, alleged a correctional officer pulled down his gym shorts and attempted to sexually assault him by trying to perform oral sex on him. Parker did not allege any physical injury resulting from the act. Parker pushed the officer away, but the officer slammed his head into a steel door, causing loss of mental trust, dignity, and self-esteem. Parker was medically examined for the alleged head injury and complaints of a headache. Parker brought an action in federal district court against the department of corrections and several officers (defendants), alleging the use of malicious and sadistic force in violation of the Eighth Amendment. The magistrate judge recommended that the officer’s motion for summary judgment be denied in part and granted in part. Both parties filed objections to the magistrate judge’s report and recommendation. The United States District Court for the Northern District of Florida reviewed the objections.

Rule of Law

Issue

Holding and Reasoning (Paul, J.)

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