Aki Saad El'AMIN v. James E. PEARCE, F. Womack, E.J. Calhoun, B.D. Glanville, C.M. Bishop and M.V. McDaniels

Summary

The Tenth Circuit held that a prisoner's allegations that correctional officers severely beat him in retaliation for filing a complaint stated a potentially cognizable Eighth Amendment claim and could not be dismissed based on disputed facts in a Martinez special report. The court affirmed dismissal of the medical-treatment claim because the alleged denial of an X-ray amounted, at most, to a disagreement over medical judgment rather than deliberate indifference to a serious medical need. The judgment was vacated in part and remanded for further proceedings.

Holdings

1. The district court exceeded the permissible scope of the Martinez inquiry by resolving disputed facts and accepting prison officials' version of the altercation. Because plaintiff alleged, and supporting witness statements indicated, that officers severely beat him maliciously and in retaliation, the claim could not be dismissed as frivolous at that stage.
2. The medical-treatment allegation did not rise to a constitutional violation because, on its face, it alleged at most a medical judgment concerning whether an X-ray was indicated, not deliberate indifference to a serious medical need. The district court properly dismissed that claim.

Questions Presented

1. Whether the district court improperly resolved disputed factual issues during a Martinez special-report inquiry when it dismissed as frivolous the claim that prison officers used excessive force in violation of the Eighth Amendment.
2. Whether the allegation that prison medical personnel denied plaintiff an X-ray stated an Eighth Amendment claim rather than merely a disagreement over medical judgment or possible malpractice.

Disposition

reversed_and_remanded