This prisoners complaint refers to a ninja-chop attack by the corrections officer. The Court dismissed the complaint for lack of evidence.

CARLTON MARBURY, Plaintiff,
v.
TIM HICKS, JR., et al., Defendants.

CASE NO. 1:09CV407

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, EASTERN DIVISION

2010 U.S. Dist. LEXIS 116985

Decided November 3, 2010 by US Magistrate Judge Greg White:

Marbury alleges that on September 24, 2008, while he was in Local Control (segregation) at MCI, C/O Windom assaulted him. (Doc. No. 1-1 at 19; Doc. No. 24 at 3.) Specifically, he alleges that C/O Windom “chopped” him in the neck/head in front of Sgt. Dewalt’s office. (Doc. Nos. 24 at 3; 42 at 4.) Marbury contends that the incident occurred while C/O Windom was returning him to his cell. (Doc. No. 142 at 3.) Marbury had attended a hearing where he learned he was being charged with “assault of a corrections officer” and now would be transferred to a Level 4 prison. Id.

C/O Windom states that as he was escorting Marbury to his cell on September 24, 2008, Marbury stopped to talk to another inmate. (Doc. No. 136-1, Windom Decl., ¶ 3.) C/O Windom then placed his hand on Marbury’s shoulder in order to get his attention. Id. Marbury fell to the ground and said something to the effect of: “You gave me one of those Ninja chop[s]. Half my body is paralyzed. However, if you give me a cup of coffee, I’ll go to my cell.” (Windom Decl., ¶ 4.) Marbury does not deny that he made this statement to C/O Windom. C/O Windom next states that Marbury voluntarily proceeded to his cell. [Footnote #2: C/O Windom stated that he believed he took a cup of coffee to Marbury in his cell. Id.] C/O Windom further acknowledged that he had no other problems with Marbury. (Id. at ¶¶ 3, 4, 8.)

On September 26, 2008, Marbury was examined by Nurse Barker at 9:00 p.m. during sick call. (Doc. No. 137, Barker Decl., ¶ 2.) Barker noted that Marbury complained that he had been assaulted on the morning of September 26, 2008, not September 24. (Barker Decl., ¶ 3.) He further noted that Marbury refused to remove his clothes to be examined and that, otherwise, no physical injuries were noted. (Barker Decl., ¶ 4.)

The Court notes:

C/O Windom contends that he simply placed his hand on Marbury’s shoulder in order to continue guiding him towards his cell. (Doc. No. 136 at 2.) C/O Windom argues that Marbury’s allegations have been found not credible by the prison administrators, and more importantly, he presents no evidence of any injury. (Doc. No. 136 at 3.)

Concluding:

For the above reasons, the Court grants Defendant’s Motion for Summary Judgment as to C/O Windom regarding the September 24, 2008, incident. (Doc. No. 136.) The Court denies Marbury’s summary judgment motion. (Doc. No. 140.) Accordingly, the case is hereby dismissed.

ninja chop

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