Summary
This federal district court order grants Plaintiff Dwight Abernathie’s Motion for Partial Summary Judgment against Defendant Carl Hart on his Eighth Amendment excessive force claim under 42 U.S.C. § 1983. Because Hart failed to file a response and had previously pleaded guilty to a related federal criminal indictment admitting the underlying conduct, the court deemed the factual disputes resolved in Plaintiff’s favor. The court enters summary judgment on liability, reserving the determination of damages for a jury.
Topics
Practice areas
Questions Presented
- Whether Plaintiff is entitled to summary judgment on his Eighth Amendment excessive‑force claim against Defendant Hart under 42 U.S.C. §1983.
Holdings
- Plaintiff is entitled to summary judgment as to liability against Defendant Hart for violation of the Eighth Amendment’s prohibition against cruel and unusual punishment.
Key quotations
“Plaintiff is entitled to summary judgment as to liability against Defendant Hart in Count I of the First Amended Complaint for violation of the Eighth Amendment’s prohibition against cruel and unusual punishment.” (at 322)
Factual background
Plaintiff Dwight Abernathie, a prisoner, alleged that on October 28, 2021, while handcuffed and face down, Defendant Carl Hart, a corrections sergeant, repeatedly struck him with a metal object, twisted his wrists, and used pepper spray. The plaintiff was then placed in administrative segregation naked for 24 hours and denied a shower for 48 hours. Hart later pleaded guilty to depriving the plaintiff of his Eighth Amendment rights.
Procedural history
Plaintiff filed a civil rights action alleging excessive force and other constitutional violations. Defendant failed to respond to Plaintiff's motion for partial summary judgment on liability for Count I. The court considered the failure to respond as a waiver and admission of facts.