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Federal Prisoner Beaten For Refusing To Testify Against Another Prisoner
Minnesota federal prisoner Allan Parmelee brought a 42 U.S.C. § 1983 action against federal guards and marshals in 1993 for excessive force and due process violations after being needlessly beaten for allegedly failing to testify against a prisoner. The suit for $120,000 settled for $2,600 in 2003.
Parmelee was incarcerated at the Chicago Metropolitan Correctional Center (MCC) in 1993. Guards came to his cell to handcuff him and take him to court. Parmele contested the transfer because he knew no court order existed obligating his appearance in court. However, he cooperated to "clear up the matter." He was told to strip for a search without explanation, which he refused to comply with, and his arms were cuffed behind his back and he was turned over to United States Marshals. The Marshals placed him in a choke hold, pulled him into a room, threw him into a door frame and other objects, and MCC guard Joseph Comparone began jumping on his back. He was then shackled and dragged onto a bus. Upon his arrival at the Federal Building in Chicago, he was again dragged and repeatedly kicked. Parmelee brought the § 1983 action against the MCC guards and Marshals seeking $40,000 in compensatory damages, $80,000 in punitive damages and injunctive relief to prevent such further treatment. He alleged Eighth Amendment violations for being subjected to cruel and unusual punishment, Fifth Amendment violations for lack of due process and the MCC warden's failure to act on previous abuse allegations. He claimed that the attack was in direct retaliation for previously filed administrative grievances and his failure to testify against another prisoner.
The U.S. District Court for the Northern District of Illinois approved the settlement in 2003. The defendants made no admission of liability and it was agreed that the parties pay their own litigation costs. See: Parmelee v. Comparone, USDC, N.D. Ill., Case No. 93 C 7362 (Aug. 5, 2003).
Parmelee was incarcerated at the Chicago Metropolitan Correctional Center (MCC) in 1993. Guards came to his cell to handcuff him and take him to court. Parmele contested the transfer because he knew no court order existed obligating his appearance in court. However, he cooperated to "clear up the matter." He was told to strip for a search without explanation, which he refused to comply with, and his arms were cuffed behind his back and he was turned over to United States Marshals. The Marshals placed him in a choke hold, pulled him into a room, threw him into a door frame and other objects, and MCC guard Joseph Comparone began jumping on his back. He was then shackled and dragged onto a bus. Upon his arrival at the Federal Building in Chicago, he was again dragged and repeatedly kicked. Parmelee brought the § 1983 action against the MCC guards and Marshals seeking $40,000 in compensatory damages, $80,000 in punitive damages and injunctive relief to prevent such further treatment. He alleged Eighth Amendment violations for being subjected to cruel and unusual punishment, Fifth Amendment violations for lack of due process and the MCC warden's failure to act on previous abuse allegations. He claimed that the attack was in direct retaliation for previously filed administrative grievances and his failure to testify against another prisoner.
The U.S. District Court for the Northern District of Illinois approved the settlement in 2003. The defendants made no admission of liability and it was agreed that the parties pay their own litigation costs. See: Parmelee v. Comparone, USDC, N.D. Ill., Case No. 93 C 7362 (Aug. 5, 2003).
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Related legal case
Parmelee v. Comparone
| Year | 2003 |
|---|---|
| Cite | USDC, N.D. Ill., Case No. 93 C 7362 (Aug. 5, 2003) |
| Conclusion | Settlement |
| Damages | $2,600 |
No other information is currently available.