Judge dismisses Houston jail inmate’s $100,000 lawsuit

bpurser@macon.comApril 23, 2014 

WARNER ROBINS -- A Houston County jail inmate’s $100,000 lawsuit for alleged pain and suffering after a fall has been dismissed.

U.S. District Judge Marc Treadwell dismissed the complaint filed by 51-year-old Issac King Jr., who is jailed on a felony contempt of court charge from Superior Court. The lawsuit named Sheriff Cullen Talton, Chief Deputy Billy Rape, Maj. Alan Everidge, jail administrator, and deputy Alex Lumpkin, a transport officer.

Treadwell dismissed King’s claim on the grounds that it was “frivolous, malicious or fails to make a claim for which relief can be granted.”

His ruling also requires that 20 percent of King’s inmate account -- unless the balance is under $10 -- be mailed monthly to the court clerk until the $350 filing fee for the lawsuit is paid in full.

Relatives of an inmate may place funds in his or her individual account for the inmate to make purchases from an in-house commissary where toiletries and snacks are sold. If released from jail, King will still be responsible for paying the filing fee, the ruling states.

King, who filed the complaint on his own behalf, said he was on crutches with a broken leg when he requested a wheelchair for a Dec. 5, 2013, court appearance. He said he could not walk on his own because he’d had surgery on his ankle.

King alleges he was forced to walk on his crutches about 100 yards from the jail to the courthouse in belly chains and handcuffs and then fell as he was coming into the courtroom when his handcuff chains became entangled with one of his crutches.

In his ruling filed Monday, Treadwell found that King failed to show that those named in the lawsuit were deliberately indifferent to King’s needs. The judge also found King failed to show that Lumpkin knew there was a strong risk -- rather than a mere possibility -- that King could be injured and deliberately ignored that risk.

King, who is being held without bond, has been in and out of prison from 1983 to 2010, according to the Georgia Department of Corrections. King has three convictions in Houston County for the sale and distribution of cocaine in 1994 and a conviction for shoplifting in 2004.

He was arrested Nov. 14 on a Superior Court bench warrant.

To contact writer Becky Purser, call 256-9559.

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