Texas Jail Guards Deny Using Excessive Force

Texas Jail Guards Deny Using Excessive Force A Texas prisoner testified Monday that five guards stormed his cell, squeezed his genitals and shoved something into his rectum after he asked why he needed to be strip-searched, since he was already naked. Six prison guards are fighting excessive force and failure to protect claims that Marcos Ortiz, 60, made in an October 2014 federal lawsuit. Ortiz took the stand Monday, the first day of trial, in a long-sleeved white shirt, a black tie and thick glasses, his gray goatee nearly meeting white sideburns. He peered around a computer monitor facing him on the witness stand and told his attorney he's still haunted by the sexual assault he suffered at the Estelle Unit in Hunstville on Jan. 31, 2014. "How often do you think about the incident?" asked his attorney, Laura Smith, with Baker Botts. "Just about every day." Prisoner civil rights cases rarely make it to trial. The 11th Amendment immunizes state prison systems and officials from being sued in their official capacities for money, under Section 1983 of the Civil Rights Act. Three such defendants in Ortiz's case were dismissed: the Texas Department of Criminal Justice, Estelle Unit Warden Tracy Bailey and TDCJ Executive Director Brad Livingston. Ortiz sued Pope and fellow guards Michael Lewis, Diveonlea Lott, Michael Kirk, Kenneth Cathey and Kevin Lloyd in their individual capacities, which means he can recover money damages if he prevails. > The officers claim they are protected by qualified immunity, which shields them from all but the most blatant misconduct. Read more: http://www.courthousenews.com/2016/08/30/texas-jail-guards-deny-using-excessive-force.htm