United States District Court, D. Colorado
RECOMMENDATION OF UNITED STATES MAGISTRATE
Michael E. Hegarty United States Magistrate Judge.
John R. Goodrick and Anthony Knight
(“Defendants”) move for summary judgment on all
claims asserted against them. Plaintiff did not respond to
Defendants' motion. Accordingly, Plaintiff fails to
demonstrate disputed issues of fact regarding his
constitutional claims, and Defendants are entitled to
qualified immunity. I recommend granting Defendants'
Motion for Summary Judgment.
evidence Defendants submitted reveals the following facts
viewed in the light most favorable to Plaintiff, who is the
non-moving party in this matter.
January 17, 2015, Plaintiff was incarcerated at the Boulder
County Jail (“Jail”) awaiting sentencing on a
probation violation. ECF No. 66-1, at 24.
During the evening of January 17, Plaintiff began kicking and
hitting his shoes against his cell door. He also periodically
shouted obscenities. BCSO-00824, ECF No. 67; BCSO-00825, ECF
No. 67; ECF No. 66-1, at 9.
Although Jail staff repeatedly asked him to stop, Plaintiff
continued his behavior for approximately five hours. ECF No.
66-1, at 9.
Defendants eventually decided Plaintiff would cease his
behavior only if they placed him in a restraint chair. Aff.
of John R. Goodrick ¶ 16, ECF No. 66-1.
Defendants and a third deputy entered Plaintiff's cell,
Plaintiff jumped toward Mr. Goodrick. ECF No. 66-1, at 9.
Although Mr. Goodrick immediately pushed him away, Plaintiff
continued to resist Defendants' efforts to restrain him.
Goodrick then attempted an “infra orbital pressure
point control tactic.” Id.
While performing this move, one of Mr. Goodrick's fingers
entered Plaintiff's nostril, causing it to bleed.
Id. at 10.
Plaintiff continued to resist Defendants' efforts until
Mr. Goodrick deployed his taser. At that point, Defendants
were able to ...