Mur­derer sues New­ton jail­ers

The Covington News - - Front page - AM­BER PITTMAN apittman@cov­news.com

Con­victed mur­derer Pablo Mal­don­ado may have left New­ton County for death row, but the law­suits he filed still linger on, in­clud­ing one against the New­ton County Sher­iff’s Of­fice, Sher­iff Ezell Brown and sev­eral NCSO deputies work­ing in the jail.

A civil suit filed in late 2011 re­quests dam­ages for Mal­don­ado’s pain, suf­fer­ing and emo­tional dis­tress, puni­tive dam­ages and at­tor­ney’s fees and lit­i­ga­tion ex­penses. Dur­ing his murder trial, Dis­trict At­tor­ney Layla Zon told ju­rors that Mal­don­ado was ac­tu­ally su­ing for $7 mil­lion.

In the law­suit, Mal­don­ado said that Brown is re­spon­si­ble be­cause “he was re­spon­si­ble for know­ing what was ac­tu­ally go­ing on in the New­ton County Sher­iff’s Of­fice and at the New­ton County Jail.” And that 11 oth­ers, in­clud­ing Cap­tain Sammy Banks, who is in charge of the jail, “con­spired to op­er­ate and did op­er­ate out­side the scope of their of­fice...with in­tent to de­prive Plain­tiff (Mal- don­ado) of his rights.”

The ac­cu­sa­tions be­gin in De­cem­ber of 2009, just six months af­ter Mal­don­ado was ar­rested and brought to the New­ton County Jail. In the law­suit, he al­leges that while he was fil­ing a griev­ance form against the jail­ers, that per­son “came up be­hind him and threw Plain­tiff in his cell caus­ing his head to hit the floor and bleed... Then punched Plain­tiff in the face and kicked him in the ribs, head and arm,” then de­nied him med­i­cal at­ten­tion.

Mal­don­ado also al­leges that his cell­mate (who was serv­ing time for rape, was 5 feet, 11-inches and weighed 280 pounds) punched him in the face, slammed him against a ta­ble and raped him. Mal­don­ado’s re­quest to switch cells was de­nied. He also said that med­i­cal at­ten­tion was de­nied him fol­low­ing the re­ported rape.

In May of 2010, Mal­don­ado al­leges that an­other jailer spit in his face and used a ra­cial slur. He also said he was sex­u­ally as­saulted once again by

his cell­mate; dur­ing the as­sault, he said he pushed a but­ton in his cell for help and a jailer came 30-40 min­utes later and, de­spite be­ing told what hap­pened, told Mal­don­ado that if he pushed the call but­ton again, he would be placed in lock down. He said the cell­mate then “choked Plain­tiff, tied his mouth shut and raped him.” Mal­don­ado said he was de­nied med­i­cal treat­ment again. Late in the month, he al­leged that his cell­mate “kicked him, threat­ened to kill him, and made him per- form oral sex on him for two hours.”

In July of 2010, Mal­don­ado claimed that his cell­mate punched him in the ribs and stran­gled him, caus­ing him to wet his pants.

The law­suit says that since re­port­ing the in­ci­dents, the jail staff and em­ploy­ees had been re­tal­i­at­ing against him, in­clud­ing hand­cuff­ing and shack­ling him to a chair, hit­ting him in the chest, kick­ing him in the face and burn­ing him on the hip with a lighter, telling him he “drop his pro se law­suit.”

He has also filed a suit in late 2011, stat­ing that New­ton County Su­pe­rior Court Judge Ho­race John­son, who presid- ed over Mal­don­ado’s case, has “step out­side his of­fi­cial duty a a judge to op­press and tor­ture Plain­tiff psy­cho­log­i­cally, have help the state (DA) in any way and by any means to hum­ble Mr. Mal­don­ado, in this par­tic­u­lar sit­u­a­tion by strap­ping a 50,000 volts ma­chine to its kid­ney and hand­cuff and shack­led up to the teeth,” re­fer­ring to the stun belt that Mal­don­ado was forced to wear when in court.

Mal­don­ado also ac­cused Zon of “out­ra­geously and dis­crim­i­na­tory mis­con­duct against Plain­tiff. She has sab­o­tage Plain­tiff de­fense and/or weaken it se­verely to the point that Plain­tiff won’t be able to re­pute her case.”

In the law­suit, he again names Sher­iff Brown, say­ing that “Mr. Brown don’t care of Plain­tiff rights. When Plain­tiff asked Brown that he is vi­o­lat­ing my rights by or­der­ing his deputy to strap that 50,000 volts ma­chine to my back, Mr. Brown said to me that he rather vi­o­late my rights than see some­one get killed be­cause he was not cau­tious about a sit­u­a­tion. That com­ment was so ra­cial and prej­u­di­cial to­wards Plain­tiff and the in­fer­ence was that I’m a mur­derer and can po­ten­tially murder some­one else and he rather see Plain­tiff get hurt fa­tally by the ma­chine than one of his peo­ple.”

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