November 18, 2017
FEDERAL LAWSUIT AGAINST DETENTION CENTER OVER 2016 SEXUAL ASSAULT AFTER JUDGE RULED PLAINTIFF WAS “SUING A BUILDING, NOT A PERSON OR ENTITY”
MAGOFFIN MAN CLAIMED HE WAS FORCIBLY SODOMIZED BY ANOTHER INMATE, AND THAT JAIL STAFF FAILED TO PREVENT, INTERVENE, OR PROVIDE MEDICAL TREATMENT AFTER ANAL RAPE INCIDENT
(LEFT) LANCE DAVID PUCKETT MUGSHOT NOVEMBER 11,2016; (RIGHT) LANCE DAVID PUCKETT MUGSHOT FEBRUARY 23, 2017
A Magoffin man who filed a federal lawsuit just a couple weeks ago against the Big Sandy Regional Detention Center in Painstville after he claimed he was attacked and forcibly sodomized by another inmate and that the jail staff failed in protecting him, as well as not giving him any medical treatment after the alleged incident, has already seen his lawsuit tossed out of federal court by a federal judge who ruled his lawsuit as filed in its wording, that the victim plaintiff was trying to sue “the actual physical jail building, instead of a person or entity”, therefore resulting in the immediate dismissal of the lawsuit case.
Lance David Puckett of Salyersville, filed the lawsuit in federal court in Pikeville. Ky. in early November 2017, seeking monetary damages in excess of more than $75,000, claiming in the suit that at then age 23 in November 2016, he was the victim of a sexual assault via the act of being sodomized by force by another inmate, which resulted because the jail personnel did not take any measures to prevent the sexual assault, or to take any actions to intervene during the sodomy attack, and that the jail staff failed to give any medical treatment for any injuries he suffered during the alleged act OF ‘MALICE’.
Puckett was incarcerated at the Big Sandy Regional Detention Center after he had been arrested on November 11, 2016, by the Painstville Police Department on a court bench warrant. (Puckett was arrested again by the Johnson County Sheriff Department on February 23, 2017 on the charges of • THEFT BY UNLAWFUL TAKING OR DISPOSITION SHOPLIFTING $500 OR MORE BUT UNDER/$10,000, • CRIMINAL MISCHIEF 3RD DEGREE, • CRIMINAL POSSESSION OF FORGED INSTR 3RD DEGREE; and was again the lodged in the BSRDC).
The lawsuit that was personally filed by Lance David Puckett, who was representing himself in the federal court that was brought two weeks ago, has already been tossed out from the federal court on Friday morning November 17, by Chief Judge Karen K. Caldwell, of the District Court Eastern District of Kentucky Southern Division in Pikeville.
In her ruling, Judge Caldwell ruled that the lawsuit, in its wording as filed by Lance Puckett, implied he blamed guilt on the actual building that is the Big Sandy Regional Detention Center, instead of filing the lawsuit against a person or entity, therefore in her opinion the case in justification was cause enough for the order of dismissal with prejudice of Puckett’s lawsuit.
After the dismissal of the suit Friday morning, a short press statement was released by the administrator of the Big Sandy Regional Detention Center, F.D. “Pete” Fitzpatrick, announcing the dismissal of the federal lawsuit against the BSRDC jail, along with a copy of dismissal ruling order made Judge Karen C. Caldwell.
In a short but direct statement that was not in the press release but was made straight to the Levisa Lazer, the Big Sandy Regional Detention Center administrator F.D. “Pete” Fitzpatrick was as quoted:
“I’ve been the administrator for a little over 5 years and this is the first federal lawsuit against the facility. I am happy that we were able to get an affirmative judgement.”
It is not clear if Lance David Puckett will file an appeal, or if he can file an appeal, or if Puckett does file an appeal, if he will represent himself in the further pursuit of his grievance, or will he have hired legal representation.
Caldwell also in her ruling waived having David Lance Puckett pay the fees for filing the lawsuit in the federal court system, due to the fact Puckett lacked the sufficient assets or income to pay the filing administrative fees for his case.
HERE IS THE PRESS RELEASE STATEMENT BY THR BIG SANDY REGIONAL DETENTION CENTER ADMINISTRATOR F.D. “PETE” FITZPATRICK ANNOUNCING THE DISMISSAL OF THE FEDERAL LAWSUIT AGINST THE JAIL; AND ALSO THE COURT RULING DISMISSAL ORDER BY FEDERAL JUDGE KAREN C. CALDWELL OF LANCE DAVID PUCKETT SEXUAL ASSAULT LAWSUIT AGAINST THE BIG SANDY REGIONAL DETENTION CENTER IN PAINTSVILLE.
SEE TEXT OF JUDGE CALDWELL’S RULING HERE
