Barnett v. Correction Corp. of America, et al

Pro se prisoner Plaintiff-Appellant Calvin Barnett filed a complaint under 42 U.S.C. 1983 charging certain corporate owners and employees of the Davis Correctional Facility (DCF), a private prison in Holdenville, Oklahoma, of violating his constitutional rights. Plaintiff alleged that the prison knew of danger to two inmates, Defendant and his cell mate, "apparently as a result of conflict and likely violence between them." Plaintiff contended he told Defendants that he feared for his life, but they did nothing to protect the two from one another. This failure lead to the cell mate's death; Plaintiff was transferred from DCF and charged with first degree murder. In response to Defendants' motion to dismiss, the district court dismissed Plaintiff's complaint as time barred under the applicable statute of limitations. Plaintiff appealed. Upon review, the Tenth Circuit found that the district court was correct in dismissing the case: "[w]hen a complaint shows on its face that the applicable statute of limitations has expired, dismissal for failure to state a claim is appropriate." The Court affirmed the district court's judgment. View "Barnett v. Correction Corp. of America, et al" on Justia Law