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Starks v. Toledo Correctional Institution11/5/2004
MEMORANDUM DECISION
{ } Plaintiff, Earl Starks, Jr., an inmate incarcerated at defendant, Toledo Correctional Institution (ToCI), stated he suffered personal injury when he was struck in the face by a bar of soap thrown at him by an unidentified inmate. Plaintiff maintained his lower lip was split open from the soap throwing incident which occurred during the early morning hours of January 1, 2004. Furthermore, plaintiff explained he was unable to eat solid food for a week due to his lip injury and the injured area is now scarred affecting his speech. Also, plaintiff asserted he has been in fear for his life and safety since the January 1, 2004, personal injury occurrence. Plaintiff contended ToCI personnel were charged with a duty to protect him from violent acts perpetrated by other inmates. Consequently, plaintiff filed this complaint seeking to recover $2,500.00 in damages for the injury he received.
Plaintiff suggested the failure of defendant's staff to adequately protect him from physical violence constituted negligence and resulted in substantial personal injury .
{ } According to plaintiff, " n January 1, 2004, at about 12:10 Am, inmates at Toledo Correctional Camp started to riot on the west side dorm." Apparently, plaintiff was housed among the described rioting inmates in the west side dorm area of ToCI. Plaintiff related that when this inmate disorder began he approached a ToCI Corrections Officer and requested he be allowed to leave the dorm area and sit out the disruption in the institution restroom or dayroom. Plaintiff further related the Corrections Officer refused his request and ordered him to return to his bunk, back into a crowd of disruptive inmates. Plaintiff complied with the order to return to his bunk. Plaintiff stated that a short time after he returned to his bunk he was struck in the face by a bar of soap. Plaintiff noted he then approached the Corrections Officer again, asked for protection, and was removed from the area to receive medical attention for the facial injury he suffered from the bar of soap.
{ } Plaintiff offered observed details of the January 1, 2004, incident he characterized as a riot. Plaintiff recalled, "the inmates on the second and third rows of the Toledo Correctional Institution Camp Dorm, started throwing state issued blue soap, state issues booths, state issue tissue paper set a fire and commissary purchased batterys at the officers working the dorm this night." Plaintiff explained his assigned sleeping area was near the dorm entrance/exit and therefore, he was positioned, "in direct line of fire once the throwing started, at which time I requested of staff to go into the dayroom or restroom to avoid getting injured." When this request to leave was refused, plaintiff recollected he was ordered to return to his bunk and remain on the bunk. Plaintiff noted he was hit in the mouth with a bar of thrown soap at sometime after he returned to his bunk. Plaintiff estimated he was struck by the bar of soap about fifteen to twenty minutes after the inmate disorder began. Plaintiff observed, " hen the throwing first started the officer,s ran from the dorm out into the day room and from that point watched the dorm through the window from the day room." Plaintiff related the lights in the dorm remained off during the entire length of the January 1, 2004, inmate disruptive activity.
{ } Defendant acknowledged an inmate disturbance occurred at ToCI just after midnight on January 1, 2004. Furthermore, defendant affirmed several inmates approached corrections officers requesting to be permitted to leave the dorm area, but were ordered to return to their bunks. Defendant also acknowledged plaintiff suffered an in
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